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Controlling Nuisance Aquatic Weeds in the Rotorua Lakes

Application for Resource Consent and

Assessment of Environmental Effects

Prepared for Land Information New Zealand and Bay of Plenty Regional Council (Joint Applicant)

23 November 2017

Document Quality Assurance This report has been prepared in accordance with Boffa Miskell quality assurance procedures, and has been reviewed and approved for release as set out below.

Bibliographic reference for citation: Boffa Miskell Limited 2017; Land Information New Zealand and Bay of Plenty Regional Council (Joint Applicant); Application for Resource Consent and Assessment of Environmental Effects; Controlling Nuisance Aquatic Weeds in the Rotorua Lakes.

Prepared by: Matt Allott Principal/Planner Boffa Miskell Limited

Peer reviewed by: Craig Batchelar Partner/Planner Boffa Miskell Limited

Status: Final Revision / Version: 3 Issue date: 23 November 2017

Use and Reliance This report has been prepared by Boffa Miskell Limited on the specific instructions of our Client. It is solely for our Client’s use for the purpose for which it is intended in accordance with the agreed scope of work. Boffa Miskell does not accept any liability or responsibility in relation to the use of this report contrary to the above, or to any person other than the Client. Any use or reliance by a third party is at that party's own risk. Where information has been supplied by the Client or obtained from other external sources, it has been assumed that it is accurate, without independent verification, unless otherwise indicated. No liability or responsibility is accepted by Boffa Miskell Limited for any errors or omissions to the extent that they arise from inaccurate information provided by the Client or any external source.

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CONTENTS 1.0 Introduction 1

2.0 Applicant and Location Details 2

3.0 Background 3

3.1 Target Aquatic Weeds in Rotorua Lakes 3 3.2 Existing Aquatic Herbicide Use in the Rotorua Lakes 4

4.0 Existing Environment 5

4.1 Existing Water Take Consents 7 4.2 Permitted Water Takes 9 4.3 Lake Submerged Plant Indicators (SPI) 9 4.4 Water Quality 10 4.5 Ecology 11

5.0 Proposal 14

5.1 Introduction 14 5.2 Discharge of Herbicide (diquat) 14 5.3 Discharge of Tracer Dye 15 5.4 Proposed Conditions 15

6.0 Resource Consent Requirements 16

6.1 Bay of Plenty Regional Natural Resources Plan 16 6.2 Regional Plan for the Tarawera River Catchment 17 6.3 Activity Classification 19

7.0 Assessment of Environmental Effects 20

7.1 Positive Effects 20 7.2 Aquatic Flora and Fauna Effects 20 7.3 Water Quality and Human/Animal Health Effects 21 7.4 Air Quality Effects 21 7.5 Visual Effects 21 7.6 Recreation and Navigation Effects 22 7.7 Cumulative Effects 22 7.8 Cultural Values 22 7.9 Conclusion of Assessment of Environmental Effects 24

8.0 Alternative Methods of Discharge 25

9.0 Statutory Assessment 26

9.1 Part II of the Resource Management Act 1991 (RMA) 26 9.2 Section 104B 27 9.3 Section 107 27 9.4 National Policy Statements 27 9.5 Regional Planning Documents 29 9.6 Conclusion on Statutory Considerations 42

10.0 Other Matters 43

10.1 Hazardous Substances and New Organisms Act 1996 (HSNO Act) 43

10.2 NZEPA 43

11.0 Consultation 44

12.0 Notification 45

13.0 Conclusion 46

Appendices Appendix 1: Application Form Appendix 2: Plans (Target Lakes Location Plan; Existing Water Take

Consents Plan; Iwi Boundaries in relation to Rotorua Lakes Plan)

Appendix 3: NIWA Comments Appendix 4: Existing Resource Consent (62641) Appendix 5: Proposed Consent Conditions

LINZ and BOPRC – Controlling Nuisance Aquatic Weeds in the Rotorua Lakes | Application for Resource Consent and Assessment of

Environmental Effects 1

1.0 Introduction

Land Information New Zealand (LINZ) has responsibilities for managing the control of aquatic pest plants on lakes and rivers throughout New Zealand. Bay of Plenty Regional Council (BOPRC) also has a primary pest management role and responsibility across the Bay of Plenty Region.

LINZ currently carries out aquatic weed control on Lakes Rotorua, Rotoiti, Rotoma, Tikitapu, Rotoehu, Tarawera, Ōkataina, Okereka, Rerewhakaaitu, and Rotomahana.

LINZ holds an existing resource consent from the BOPRC to carry out aquatic pest plant control1. This resource consent expired on 31 October 2015; and since this expiry date the work programme associated with aquatic pest plant control for the Rotorua Lakes has been undertaken under the ambit of Section 124 of the Resource Management Act 1991 (RMA). Given the expiry of the existing resource consent a new replacement resource consent is required. A copy of the existing resource consent is attached as Appendix 4.

This Assessment of Environmental Effects (AEE) supports an application for a replacement resource consent to:

Discharge the aquatic herbicide diquat and associated gelling agent to Lakes Rotorua, Rotoiti, Rotoma, Tikitapu, Rotoehu, Tarawera, Ōkataina, Okereka, Rerewhakaaitu, Rotomahana, Rotokakahi, and Ōkaro for the purpose of controlling nuisance aquatic weeds; and

Discharge Intracid Rhodamine WT liquid tracer dye to Lakes Rotorua, Rotoiti, Rotoma, Tikitapu, Rotoehu, Tarawera, Ōkataina, Okereka, Rerewhakaaitu, Rotomahana, Rotokakahi, and Ōkaro for the purpose of controlling nuisance aquatic weeds.

It is intended that the new resource consent will apply across all the aforementioned lakes in the Rotorua Lakes District, which will provide both LINZ and BOPRC (as joint applicant) with the flexibility to rapidly respond to any future aquatic pest plant threats.

The applicant seeks a 35-year consent term.

Overall, resource consent is required for a discretionary activity2.

This AEE outlines the proposed discharges and assesses them in terms of actual and potential effects on the environment and their consistency with relevant statutory planning documents, including the Bay of Plenty Regional Water and Land Plan (RWLP) and the Regional Plan for the Tarawera River Catchment (TRCP).

1 Resource Consent Number 62641 2 Bay of Plenty Regional Water and Land Plan, Rule 37; Regional Plan for the Tarawera River Catchment, Rule 15.8.4(m)



2.0 Applicant and Location Details

A completed application form is enclosed as Appendix 1. In summary, the details of the applicant and the site are as follows:

To: Bay of Plenty Regional Council

Applicant’s Name: Land Information New Zealand and Bay of Plenty Regional Council (Joint Applicant)

Address for Service: Boffa Miskell Ltd PO Box 13373 Tauranga 3141 Attn: Matt Allott Phone: (07) 571 5511 Email: [email protected]

Address for Fees: Land Information New Zealand PO Box 5501 Wellington 6145 Attention: David Mole

Site Address: Lakes Rotorua, Rotoiti, Rotoma, Tikitapu, Rotoehu, Tarawera, Ōkataina, Ōkareka, Rerewhakaaitu, Rotomahana, Rotokakahi, and Ōkaro.

Pre-Application Meetings Pre-application meeting held with Bay of Plenty Regional Council on 25 May 2015. Meeting held with Aquatic Pest Coordination Group on 21 July 2015. Additional consultation undertaken with Aquatic Pest Coordination Group at various intervals since mid-2015, including tangata whenua. Further pre-application meetings and discussions held with Bay of Plenty Regional Council during 2017.

mailto:[email protected]



3.0 Background

The Rotorua Lakes are situated in the Ōkataina volcanic centre. A number of introduced lake weed species infest these lakes. These require periodic control to maintain amenity values.

Weed control using herbicides has been carried out on the majority of the Rotorua Lakes on a regular basis for a number of years. Consultation with key stakeholders and affected parties has been undertaken in relation to weed control activity.

The main target weed species are Ceratophyllum, Egeria and Lagarosiphon.

Lake weeds such as Ceratophyllum, Egeria and Lagarosiphon form dense stands that out-compete native vegetation and can cause problems for recreational users. Usually eradicating these species is considered impossible. The problem in controlling these plants generally relates to their mode of spread where the smallest viable vegetative fragment can re-establish a population.

These species fragment and form new colonies in the littoral zone. For newly invaded lakes, such as Ōkareka and Ōkataina, if left uncontrolled these weeds could colonise all available habitats within a few years.

The applicant has assumed responsibility for the control of rooted aquatic weeds in the Rotorua lakes for amenity purposes. 2017 will be the 57th year that the applicant, or its departmental predecessors, have assumed aquatic weed control in the Rotorua Lakes.

3.1 Target Aquatic Weeds in Rotorua Lakes Figure 4 shows the five-worst invasive aquatic weed species in New Zealand. Of these, the three species present in the Rotorua Lakes that will continue to be targeted with the use of diquat are Ceratophyllum, Egeria and Lagarosiphon.

Figure 4 - New Zealand’s worst underwater weeds (Source: NIWA)



Hornwort was first recorded in Lake Rotorua in 1975 and has continued its spread throughout the Rotorua lakes. Hornwort’s impact on the lake exceeded original expectations and it is now ranked as New Zealand’s worst widespread submerged aquatic pest plant.

Lagarosiphon first appeared in Lake Rotorua in the mid 1950’s and by 1957 had spread to Lake Rotoiti. By the late 1950’s lagarosiphon along with elodea were causing major weed problems in these two lakes. Lagarosiphon then spread rapidly through many of the Te Arawa Lakes with Rotoma, Ōkataina and Tarawera colonised in the mid 1960’s and Rerewhakaaitu invaded.

The spread of invasive weed species is ongoing and gradual, with a strong correlation with boat traffic and accessibility as most early weed introductions are noticed adjacent to boat ramps3.

Lake Rotomahana was the last large lake in the region to remain relatively weed free and this was attributed to its remote location and difficult public access however even though it is remote, hornwort was discovered in the lake in 2006. Lake Rotokakahi is impacted by elodea, however its restricted public access due to its sacred status ensures that it remains free of the worst invasive weed species (hornwort, lagarosiphon and egeria)4.

Table 2 in Section 4.2 specifies the Rotorua lakes where hornwort and lagarosiphon are present.

3.2 Existing Aquatic Herbicide Use in the Rotorua Lakes The aquatic herbicide diquat is regularly used to control the weed species lagarosiphon and hornwort (as well as egeria and elodea) in the Rotorua Lakes. In undertaking this control work, the applicant has operated under expired resource consent (BOPRC reference #62641). These resource consents permit the discharge of herbicides containing diquat in gel form, onto and into the Rotorua Lakes.

Table 1 below confirms the extent of target areas across all Rotorua Lakes for 2016 and 2017. The percentage of lake areas affected is very small relative to the total size of each lake.

Lakes Controlled Lake Size (ha) Area Treated Dec-16 (% of lake total)

Area Treated May-17 (% of lake total)

Rotoehu 800 2ha (0.25%) 4.5ha (0.56%)

Rotoiti 3,400 11ha (0.32%) 36ha (1.06%)

Rotoma 1,110 1ha (0.09%) 9ha (0.81%)

Rotorua 8,060 10ha (0.12%) 20ha (0.25%)

Rerewhakaaitu 530 1ha (0.19%) 1ha (0.19%)

Tarawera 4,130 4ha (0.10) 5ha (0.12%)

Ōkataina 1,080 2ha (0.19%) 24ha (2.22%)

Ōkareka 340 5ha (1.47%) 14ha (4.12%)

Totals: 19,450ha 36ha (0.18%) 113.5ha (0.58%)

Table 1 – Percentage of Controlled Lake Areas

3 Johnstone, I. M., Coffey, B. T., Howard-Williams, C. (1985). The role of recreational boat traffic in interlake dispersal of macrophytes: A New Zealand case study. Journal of Environmental Management, 20: 263-279. 4 Burton, T., Clayton, J. (2015) Assessment of the Rotorua Te Arawa lakes using LakeSPI – 2015. NIWA Client report prepared for Bay of Plenty Regional Council.



4.0 Existing Environment

The Rotorua Lakes area (Figure 1) is one of the most distinctive landscapes in the country. A history of volcanic activity and the resultant geothermal activity, has created a unique and world-renowned destination. There is a diverse range of water bodies in the Rotorua Lakes District. High water quality is usually found in areas where the catchments are unmodified by human activity and the water bodies retain a high degree of natural character.

Figure 1 – Rotorua Lakes location map

In total, there are 14 Te Arawa Lakes. These lakes range in size from 8,060 ha to 340ha and are distinctive in their character and how people interact with them, both now and in the past. Three of the Te Arawa Lakes — Ngāpouri / Opouri, Tutaeinanga and Ngāhewa are located in the Waikato Region so are not included in this application. The remaining 11 Te Arawa lakes are located within the Bay of Plenty Region. Lake Okaro is owned by Rotorua Lakes Council and is included in the scope for this application because hornwort and Egeria have recently become present in this lake.



Below are some of the specific points of interest for each of the 12 lakes and catchments this application is relevant to.

Lake Rotorua (Rotorua nui ā Kahu-matamomoe) is the largest lake in the district at 8060ha and is the most productive trout fishery in New Zealand with an abundance of rainbow and brown trout species. The island of Mokoia, in the centre of the lake, has been established as a native wildlife sanctuary. With the city of Rotorua on its shores, it is much valued and used by locals and tourists alike.

The quality of the water in Lake Rotorua also affects Lake Rotoiti as the two lakes are linked by the Ohau Channel. BOPRC doses aluminium sulphate into two streams which flow to the lake, the Puarenga and Utuhina, the aluminium sulphate locks the phosphorous into the sediment removing it from the water column.

Lake Rotoiti is a relatively large lake of 3400ha and a popular location for boating activities and fishing. The lake was named by Ihenga while exploring the area. He found a small bay and because of its size he mistakenly called it small lake. It is linked to Lake Rotorua via the Ohau Channel. Much of the work being done to improve Lake Rotorua is also aimed at improving water quality in Lake Rotoiti. In July 2008, a diversion wall was constructed that prevents water that has a high nutrient content from flowing directly into Lake Rotoiti. As a result, more than 70 percent of the nutrients that were flowing into Lake Rotoiti have now been diverted down the Kaituna River. The resource consent for the Okere Gates also requires them to be operated to ensure water quality in Lake Rotoiti, by preventing backflow into the lake.

Lake Tarawera is one of the largest lakes in New Zealand at 4130ha. Lake Tarawera is a picturesque lake, famous for the size and condition of its rainbow trout. The lake is filled primarily from groundwater from neighbouring lakes Tikitapu and Rotokakahi and its outlet feeds the Tarawera River. The lake is home to eels and trout and during summer is a very popular water sports lake. Several hotwater beaches make for popular camping locations.

Lake Rotoma (1110ha) is the cleanest of all the Rotorua Lakes, with water clarity of around 11 metres. Four buoys near the centre of the lake mark a submerged Maori pa site. Lake Rotomā was formed following the Rotomā Caldera collapse after lava blocked its outlet. The lake is used for boating, skiing and trout fishing, although the clear waters make it a challenging proposition. The surrounding area is a popular location for holiday homes, boating and swimming.

Lake Ōkareka (340ha) has reasonably clear, clean water and is used extensively for recreation such as boating, swimming and fishing. However, the quality of the water has been affected over time by land use in the catchment. With approximately 600 residents situated around the lake area, over time nutrients have been introduced to the lake from surrounding farmland, residential septic tanks and from the release of existing and accumulated nutrients from sediments on the lake bed. As a result of past diquat herbicide treatments, the lake has now reached a stable water quality, and remained slightly above its target Trophic Level Index of 3.0, at 3.3 for a number of years, which ranks Lake Okareka with the highest native value in the area.5

Lake Ōkaro/Ngakaro (31ha) is the smallest of the Rotorua Lakes under public management. Appreciated for its quiet rural setting, it is surrounded by farms and is also a popular water-skiing spot. The lake has had a significant algae problem due to the levels of nitrogen and phosphorus nutrients, which have increased over several decades. The nutrient-rich deposits over the catchment from the 1886 Tarawera eruption also have an ongoing effect on the lake's water quality. Water quality in Lake Ōkaro has fluctuated over the last 10 years. Historically the lake has suffered from regular seasonal algal blooms.

Lake Rerewhakaaitu (530ha) the lake of “wandering spirits” is popular for fishing and swimming. The lake is situated within a farming catchment, which was developed to use the fertile volcanic soils from the Tarawera eruption. It is a relatively shallow lake, with unusual catchment 5 Burton & Clayton, 2016).



groundwater drainage. Most of the farmland groundwater does not enter the lake but drains into other catchments. The area around the lake hosts the largest breeding population of banded dotterel in the Rotorua District.

Lake Rotoehu (800ha) has a historical meaning of "turbid or murky" water, implying that the lake may never have been clear. The water quality remained stable until 1993 when the level of nutrients and algae rose dramatically. This was attributed to a drop in the water level and a warm summer. It is a shallow lake with geothermal inputs, and nutrient levels remain high today.

Lake Rotokakahi/Green Lake (440ha) is one of the lakes in the Ōkataina Caldera, named for its historic abundance of kakahi (freshwater mussels). It is privately owned by local iwi and considered tapu or sacred, with no swimming or boating permitted on the lake. Motutawa Island in the lake is the resting place for many Maori ancestors, notably Hinemoa most well-known due to the famous legend of Hinemoa and Tutanekai, the topic of the Maori love song Pokarekare Ana.

Lake Ōkataina (1080ha) is surrounded with native bush down to the water's edge, containing healthy rimu, totara, rata and kahikatea trees. With no inlets or outlets, the lake is ultimately controlled by ground water and rain water and has a level range of 5m deep. Being landlocked, there are no anadromous native fish species however there is limited spawning of trout in the lake so the balance of trout is maintained by annual liberations. The area is popular for both fishing and tramping. The name Okataina means the lake of laughter after Te Rangitakaroro and his warriors were resting at the lake and a joke made their laughter echo around the lake. Investigations into pest control options for the catchment and the impact that the native bush understory may have on water quality are being undertaken.

Lake Rotomahana (900ha) was the site of the geothermal "Pink and White Terraces" that were destroyed in the 1886 Tarawera eruption, which also substantially modified the nature and size of the lake. At over 100m in depth, it is the deepest of the Rotorua Lakes. It has no natural outlets and its level is managed naturally by groundwater and evaporation.

Rotomahana means warm lake and is the least fished lake in the area due to limited boat access.

Lake Tikitapu/Blue Lake (150ha) is a small, circular lake framed by native bush and forestry. In ancient times, the daughter of a high-born chief was bathing wearing the Tikitapu (sacred greenstone neck ornament), which dislodged itself while she swam and is still believed to be hiding in the lake. With an easy walking track around the lake it is a popular location for family outings.

4.1 Existing Water Take Consents A total of 42 water takes of various volumes are currently consented within 100m of the 12 lakes subject to this application.

Figure 2 below shows the distribution of these consented extractions.

The majority of these water takes relate to the township of Rotorua and its water supply connections to Lake Rotorua.

The effects of diquat on legal and illegal water takes has been assessed during the abovementioned resource consent procedures and is also a consideration for this application.



Potential adverse effects on water take users have been (and will continue to be) mitigated by following the approved handling specifications and specific requirements regarding notifications through consent conditions.

To enable the implementation of the National Policy Statement on Freshwater Management 2014 (NPSFM), Water Management Areas (WMAs) have been established throughout the Bay of Plenty region to give practical geographic areas for freshwater management. The Rotorua Lakes and Tarawera are two of nine identified WMAs.

The Tarawera WMA encompasses nine streams and rivers, all of these surface water bodies have either reached their maximum allocable flow amounts or there is insufficient information to determine their allocable flow.

The Rotorua Lakes WMA consists of 14 surface waterbodies. The Ngongotaha Stream, Utuhina Stream, and Waipa Stream are over-allocated by 46.3 L/s, 304.4 L/s, and 135 L/s respectively. The remaining areas either have allocable amounts available or have insufficient information to determine the allocable flow and remaining allocation amounts.

The establishment of these WMAs is beneficial to this application as they will provide more accurate and up-to-date information regarding the legal and illegal extractions that occur within these water bodies.

Figure 2 – Existing BOPRC Water Take Consents within 100m of Lake Beds



4.2 Permitted Water Takes In addition to consented water takes a relevant consideration for this application is the potential impact the proposal could have on permitted water takes, which are not specifically identified through resource consents.

Permitted groundwater and surface water takes are specified in the Bay of Plenty Regional Natural Resources Plan (RNRP)6.

As mentioned above; potential adverse effects on water take users (including permitted water takes) have been (and will continue to be) mitigated by following the approved handling specifications and specific requirements regarding notifications through consent conditions.

4.3 Lake Submerged Plant Indicators (SPI) Lake SPI is a management tool that uses submerged plant indicators for assessing the ecological condition of New Zealand Lakes and for monitoring changes in the lakes7. The key assumptions of the Lake SPI method are that native plant species and high plant diversity represents healthier lakes, while invasive plants are ranked for undesirability based on their displacement potential and degree of measured ecological impact8. The results of the 2016 assessment undertaken by Burton & Clayton are shown in Table 2 and summarised below:

Lake Hornwort Lagarosiphon LakeSPI Trophic Status

Lake Ōkāreka Present Present High Mesotrophic

Lake Ōkaro - - Moderate Eutrophic

Lake Ōkataina Present Present Moderate Oligotrophic

Lake Rerewhakaaitu - Present Moderate Mesotrophic

Lake Rotoehu Present Present Low Eutrophic

Lake Rotoiti Present Present Low Mesotrophic

Lake Rotokakahi - - Moderate Mesotrophic

Lake Rotoma - Present High Oligotrophic

Lake Rotomahana Present - High Mesotrophic

Lake Rotorua Present Present Moderate Eutrophic

Lake Tarawera Present Present Moderate Oligotrophic

Lake Tikitapu - Present Moderate Oligotrophic

Table 2 – Target aquatic pest plants species presence and trophic status of the Rotorua Lakes

6 Bay of Plenty Regional Natural Resources Plan, WQ (Rule 38) – Groundwater; WQ (Rule 41) – Surface Water 7 Burton, T., Clayton, J. (2015) Assessment of the Rotorua Te Arawa lakes using LakeSPI – 2015. NIWA Client report prepared for Bay of Plenty Regional Council. Burton, T., Clayton, J. (2016) Assessment of the Rotorua Te Arawa lakes using LakeSPI – 2016. NIWA Client report prepared for Bay of Plenty Regional Council. 8 Clayton, J., Edwards, T. (2006b) LakeSPI – A method for Monitoring Ecological Condition in New Zealand Lakes. Technical Report, Version Two. June 2006:67



Lake Ōkāreka was the top ranked lake in terms of declining status. This lake has improved markedly from 2015 to 2016 corresponding with the BOPRC weed control programme aimed at hornwort containment resulting in native vegetation thriving in the lake. Lakes Rotomā and Rotomahana are also in ‘high’ affected condition. Rotomā has been stable due to its high-quality water but would be vulnerable in the event of a hornwort invasion. Lake Rotomahana has shown past deterioration in response to weed invasion but has shown recent stabilisation.

In the ‘moderate’ condition, Lakes Tikitapu is in a stable condition and Rotorua is driven by water quality that is improving. Lakes Ōkaro and Rotokakahi are influenced by water clarity, however they are stable. Lakes Ōkataina, Rerewhakaaitu and Tarawera condition is driven by aquatic pest plant development. The presence of hornwort in Ōkataina is a serious threat to this lake and it is being aggressively managed. Rerewhakaaitu and Tarawera are stable at present.

Lakes Rotoiti and Rotoehu are categorised in ‘poor’ condition. Both lakes have the highest Invasive Impact Index in the Rotorua Lakes because of the dominance of aquatic pest plants, especially hornwort.

4.4 Water Quality When nutrients accumulate in lakes (nutrient enrichment) above certain levels, they can make lakes murky and green with algae. The health of the lake based on its degree of nutrient enrichment can be measured using the Trophic Level Index (TLI).

The TLI is used to place lakes into nutrient-enrichment categories known as trophic states9:

• Microtrophic (TLI < 2). Very good water quality. Lakes are very clear and blue with very low levels of nutrients.

• Oligotrophic (TLI 2–3). Good water quality. Lakes are clear and blue, with low levels of nutrients and algae.

• Mesotrophic (TLI 3–4). Average water quality. Lakes have moderate levels of nutrients and algae.

• Eutrophic (TLI 4–5). Poor water quality. Lakes are green and murky, with high levels of nutrients and algae.

• Supertrophic or Hypertrophic (TLI > 5). Very poor water quality. Lakes are fertile and saturated with phosphorus and nitrogen; they are rarely suitable for recreation and lack habitats for desirable aquatic species.

Table 2 outlines the water quality trophic state of each of the Rotorua Lakes for this application.

Lake water quality can fluctuate for a variety of reasons including climatic conditions and rainfall. The 2015/2016 annual report from the Rotorua Lakes programme outlines the following:

• Improving water quality in Lakes Rotorua and Rotoehu over recent years but vulnerability to climatic conditions and a possible decline in water quality in response to longer duration of stratification.

• Lake Rotoiti has shown a long-term improving state in water quality since the installation of the Ōhau Channel Diversion Wall, however water quality in the lake has declined in the last two years.

• Improved water quality in Lakes Ōkaro and Rerewhakaaitu.

9 Burns, N, Bryers, G, & Bowman, E (2000). Protocols for monitoring trophic levels of New Zealand lakes and reservoirs. Available from www.mfe.govt.nz.



• Tikitapu showed some initial improvement in water quality after reticulation, but shows a recent decline in water quality.

• Stable water quality in Lakes Ōkataina, Ōkāreka, Rotomā and Rotomahana;

• Deteriorating water quality in Lakes Tarawera.

• After a rapid decline until 2010, Rotokakahi has shown improvement but remains vulnerable.

Over time, the water quality improvement initiatives employed on the Rotorua Lakes will begin to show a marked change on their quality. These improvements can take generations to show benefits, however the results at lakes Ōkaro and Rerewhakaaitu for example demonstrate what can be achieved.

4.5 Ecology Birds and Wildfowl

The Rotorua Lakes are home to many bird species. A five-yearly census of the abundance and distribution of water birds on the Rotorua Lakes has been undertaken since 1985. The main purpose of these surveys has been to reassess the status of the New Zealand dabchick (Poliocephalus rufopectus) but also to increase the knowledge of the values of these lakes for all 18 waterbirds, which are consistently counted during this work; a summary of the results of the most recent survey is as follows:

“During the 2011 census, 23 985 adults of these 18 species were counted across the 18 lakes surveyed; numbers counted have fluctuated since the first survey in 1985. In 2011, New Zealand dabchick numbers showed a 15% increase from 2006 levels, continuing the overall increase that has been observed since 1991. Similarly, numbers of Canada geese (Branta canadensis maxima) and Australian coots (Fulica atra australis) also increased in 2011, while white-faced herons (Egretta novaehollandiae novaehollandiae), mallards / grey ducks (Anas platyrhynchos / Anas superciliosa), grey teal (Anas gracilis) and pied stilts (Himantopus himantopus leucocephalus) declined. Some of these variations are likely to be related to changes in conditions outside the Rotorua Lakes area—for example, grey teal numbers may be influenced by droughts in Australia. However, others may be due to changes in local conditions, such as land use, disturbance, predator numbers or prey availability. It is recommended that 5-yearly surveys of the Rotorua Lakes are continued, as well as further research into the factors influencing changes in the abundance of water bird species in this region.” 10

10 Sachtleben, T.; Owen, K.; Innes, J.; Young, K. 2014: Abundance and distribution of water birds on the Rotorua lakes, 1985–2011. DOC Research and Development Series 343. Department of Conservation, Wellington. 29 p



Figure 3 - Presence/absence of Water bird species recorded in the Rotorua Lakes - 2011 survey. Cell Shading indicates presence.

The Rotorua Lakes are an important habitat for these bird species as shown in Figure 3. It is noted that many species, particularly wildfowl graze on the weed beds as a primary food source. It is noted that of the aquatic pest plant species in the Rotorua Lakes, swans prefer Egeria and Elodea, which are species targeted by diquat11. Swans also eat Lagarosiphon however there is evidence that hornwort is not eaten11.

Fish and Vertebrates

Native fish present in the Rotorua Lakes include koaro (Galaxias brevipinnis), banded kokopu (Galaxias fasciatus), common smelt (Retropinna retropinna), common bully (Gobiomorphus basalis) and longfin eel (Anguilla dieffenbachia). As the Rotorua Lakes are essentially land locked, the typically sea migrating species (a life cycle known as diadromy) are expected to have been transported over the migration barriers and released into the lakes. Certainly, there is some suggestion of Maori transfers of koaro and common bully in the region and it would be from these original releases that the existing land-locked population developed12. For the typically diadromous whitebait species like koaro and banded kokopu the lakes now act as the ‘sea’ within the life cycle of the species and populations were able to become self-sustaining.

Following the introduction of trout to the region, lake populations of koaro became less common as they fell prey to the larger fish. Nevertheless, small populations of koaro were able to survive, mostly in tributary streams where they could stay out of reach of larger predatory fish while still being able to use the lake for larval development.

Although it has been suggested that smelt were already in the lake, they were most likely released there as prey for trout following the demise of koaro. These prolific breeders now form the base of the trout fishery.

In contrast to the other native fish species found in the lakes, eels must return to the ocean to spawn so the ones now present in the Rotorua Lakes must have been released there in relatively recent times (it is highly unlikely that any juvenile eel or elver could have negotiated the rapids in 11 Sagar, P. M., Schwarz, A-M, Howard-Williams, C. (1995). Review of the ecological role of Black Swan (Cygnus atratus). Christchurch, NZ (NIWA science and technology series 25). 12 McDowall, R.M. 1990. New Zealand freshwater fishes. A natural history and guide. Heinemann Reed, Auckland. 553 p.



the upper Kaituna River let alone the Lake Rotoiti water level control gate). Historically some catch and carry of elvers may have been undertaken by local iwi to create food caches, and this process may well have been continued, or even increased in recent times.

Kakahi, freshwater mussels (Echyridella menziesi) are common throughout the Rotorua Lakes and along with koura, freshwater crayfish (Paranephrops planifrons) are a taonga species, primarily as a historical food source and prized as a bartering tool to local iwi. For example, kakahi was a valuable mahinga kai for Te Arawa as it was important in story, song and proverb13. Kakahi were most plentiful and easily harvested in the lakes Rotorua, Rotoehu and Rotokakahi. They were collected throughout the year but were best in winter14. Interestingly, Koaro and other fish such as bullies are key to the kakahi lifecycle; the fish hosts the parasitic larval stage of the kakahi before they release into soft sediments in lake and river beds. Therefore, decline in the koaro populations could well have had a direct effect on the number of kakahi now found in certain areas.

The Te Arawa Lakes were considered among the most productive Koura fisheries in New Zealand13. This delicacy was actively managed by a combination of rahui and ownership of the lakes. Releases of koura were made to boost populations and selective release of gravid females ensured the long-term viability of the population12. Koura can survive relatively well in most lake conditions but cannot tolerate anoxic conditions, evidenced by their absence in Lake Okaro which is anoxic in summer.

Trout were first introduced into the lakes in the late 1880’s. Rainbow trout (Oncorhynchus mykiss) which originated from North America, were first introduced into Lake Rotorua in 189214 and the majority of the Rotorua lakes have proven to be ideal for trout, which grow at exceptional rates15. Brown trout (Salmo trutta) are native to Europe and were released throughout New Zealand from the late 1860’s, including Lake Rotorua1313. Since the original release rainbow trout have become dominant throughout the Rotorua sub-region with brown trout also present in Lakes Rotorua and Rotoiti15. Most of the Rotorua Lakes lack suitable spawning rivers or beaches to sustain the existing populations and although there are wild populations, supplementary stocking of trout from the Ngongotaha hatchery maintain the high numbers harvested by anglers. There are also hybrid tiger trout (Lake Rotoma only) and brook char in the region15. The Rotorua Lakes offer a range of different experiences and fishing success for anglers attracted to the region. The sports fisheries are managed by Eastern Region Fish and Game who also administer fishing and gamebird licences in the region.

Although trout are an introduced species, they quickly became another key source of protein for local iwi living around the Rotorua Lakes. This is also the same for the feral gold fish (Carassius auratus) or morihana which has recently been recognised as a taonga species for Te Arawa as they were an important food source in the early 1900’s.

Brown bullhead catfish (Ameiurus nebulosus) were discovered in Lake Rotoiti in March 2016 and a multiagency biosecurity programme is now underway to contain and eradicate this new pest threat to the lake.

13 www.niwa.co.nz/freshwater-and-estuaries/nzffd/NIWA-fish-atlas/fish-species. Viewed on 28 September 2016 14 Te Tuapapa o nga wai o Te Arawa - Te Arawa Cultural Values Framework, 2016. Te Arawa Lakes Trust and Conroy & Donald Consultants Limited. 15 Eastern Region Fish and Game, (2014). Sports fish and game management plan. Eastern Region Fish and Game.



5.0 Proposal

5.1 Introduction The Regional Pest Management Plan places obligations on landowners and occupiers to control specified pest species in designated areas16. The main target weed species in the Rotorua Lakes are Ceratophyllum, Egeria and Lagarosiphon.

LINZ, with assistance from BOPRC, is responsible for managing aquatic pests in the Rotorua Lakes through the Te Arawa Lakes Deed of Settlement (except in Lake Rotokakahi and Lake Ōkaro). Consultation with Lake Rotokakahi and Lake Ōkaro stakeholders has determined that both of these lakes can be included within the scope of this resource consent application.

5.2 Discharge of Herbicide (diquat) Diquat is a contact herbicide and is authorised for aquatic use in New Zealand. Diquat contains 200 grams per litre of active ingredient dibromide salt in the form of a soluble concentrate. During control operations diquat will be applied at a maximum rate of 30 litres per hectare as recommended by the label (of which 6 litres is active ingredient).

Diquat is mixed with a gel known by the trade name “Aquagel”, which prevents spray drift and allows the herbicide to sink through the water column and attach to plants. Aquagel is a non-toxic organic compound, which is added to the herbicide at a rate of 1kg per hectare. Water is added to the mixture to vary the density of the gel to influence the readiness with which it sinks through thermal layers in the water column.

Diquat desiccates Ceratophyllum, Egeria and Lagarosiphon plant tissue upon contact; however, the herbicide does not translocate through the plant and generally does not kill the plant outright. Suppression of plant growth through the use of diquat helps prevent stems breaking off and forming new colonies. Furthermore, the reduction in biomass will enable other control measures, such as suction dredging, to be more effectively used to remove the plant roots and prevent re-colonisation.

The discharge will be conducted in the same way as under the existing resource consent; and for the avoidance of doubt will be done by hand, diver and/or boat or helicopter with specially adapted boom.

The application of diquat will be carried out in accordance with the label and by persons who hold either a current Growsafe Registered Chemical Applications Certificate, or Growsafe Pilots Agrichemical Rating Certificate. Equipment will be calibrated to ensure that the application does not exceed the manufacturer’s recommended rates and spraying will only target areas of aquatic pest plant growth.

In applying diquat in accordance with the label the following controls will apply:

In any treated water body (or enclosed bay) no more than 25% of the area will be treated at any one time.

The label stipulates a with-holding period of 24 hours following application of diquat to water for swimming and domestic use.

16 Regional Pest Management Plan for the Bay of Plenty 2011 - 2016



The label stipulates a setback distance of 200m from water intakes.

The applicator is legally obliged to follow the label and this is policed by WorkSafe.

The label is worded by the New Zealand importer/distributor to account for the controls set by New Zealand Environmental Protection Authority (NZEPA).

5.3 Discharge of Tracer Dye Intracid Rhodamine WT is a chemically inert, non-radioactive, non-toxic liquid tracer dye (coloured red). The tracer dye enables water currents to be visually monitored to allow more accurate spray placement of diquat during aquatic plant pest control operations. It disperses through the water column by currents.

The discharge will be conducted in the same way as the discharge of diquat (described above).

5.4 Proposed Conditions The applicant proposes a number of consent conditions for consideration by the consent authority.

The proposed consent conditions are enclosed in Appendix 5.



6.0 Resource Consent Requirements

The following two planning documents govern the application of aquatic herbicide over water for weed control purposes in the Rotorua Lakes District:

- Bay of Plenty Regional Natural Resources Plan (RNRP)

- Regional Plan for the Tarawera River Catchment (TRCP)

The jurisdiction of the two plans overlap. The NRP governs all of the lakes in the Rotorua District, whereas the TRCP only governs the lakes in the Tarawera River Catchment, which include Lake Tarawera, Lake Rotomahana, Lake Ōkaro, Lake Rotokakahi, Lake Tikitapu, Lake Ōkareka and Lake Ōkataina17.

For the purpose of clarity and completeness; comments from Rohan Wells of NIWA in relation to the proposal and resource consent requirements are attached as Appendix 3.

6.1 Bay of Plenty Regional Natural Resources Plan DW R1 (Rule 16) of the RNRP permits the application of aquatic herbicide over water for weed control subject to the following conditions:

(a) The application of aquatic herbicide shall only be for the purpose of controlling:

- Plant pest species listed in the Plant Pest Management Strategy for the Bay of Plenty Region or the National Plant Pest Accord in rivers, streams, lakes and wetlands;

- Any vegetation necessary for the maintenance of artificial watercourses, farm drains, roadside drains, and land drainage canals.

(b) Only aquatic herbicides that have been approved for use over water shall be used. Herbicides are approved under Section 21 of the Pesticides Act 1979, or when repealed, by the Hazardous Substances and New Organisms Act 1996 when enabled and operational.

(c) The aquatic herbicide shall be discharged in a manner that is consistent with the manufacturer’s instructions.

(d) The discharge shall not result in any fish kills.

(e) The discharge shall not contaminate any authorised water take.

(f) The discharge shall not result in any harmful concentration of aquatic herbicide beyond the target area.

(g) There shall be no discharge of aquatic herbicide in the tidal reach of any surface water body between 1 March and 31 May.

(h) The discharge of aquatic herbicide shall comply with the requirements of the Bay of Plenty Regional Air Plan.

If any of these conditions cannot be met then the application of herbicide is classified as a discretionary activity.

17 Regional Plan for the Tarawera River Catchment, Page 69, Map 4



DW R1 (Rule 16) only applies to emergent aquatic weeds (growing above the water surface). Treatment of submergent weeds (growing and spreading below the water surface) is classified as a discretionary activity.

The proposal will comply with the aforementioned conditions under DW R1 (Rule 16); however, given that the scope of activity proposed includes the treatment of submergent weeds resource consent is required for a discretionary activity under DW R8 (Rule 37) of the RNRP.

DW R2 (Rule 18) of the NRP permits the discharge of tracer dye to water for monitoring or research purposes subject to the following conditions:

(a) Details of the proposed discharge shall be publicly notified at least one week prior to the discharge being made by a public notice in the local newspaper and/or other recommended methods including letter drops stating:

- The area where the discharge will be made

- The type of discharge

- The reason for the discharge

- The duration of the discharge

(b) The discharge shall not contaminate any authorised water takes.

(c) The dye … shall be inert and shall be non-toxic in the concentration at which it is to be used.

(d) Bay of Plenty Regional Council and the relevant City or District Council shall be notified in writing of the proposed discharge, no less than 5 working days before the discharge. Such notification shall include:

- Persons responsible for the discharge including contact details

- Purpose of the tracer programme

- Description of the tracer programme

- Nature of the tracer (i.e. type, colour, product name/description)

- Discharge location and estimated timing

- Estimated duration of discharge

The proposal will comply with the conditions specified under DW R2 (Rule 18).

6.2 Regional Plan for the Tarawera River Catchment The purpose of the Regional Plan for the Tarawera River Catchment (TRCP) is to promote the sustainable management of natural and physical resources within the Tarawera River Catchment.

Rule 15.8.4(a) in the TRCP states:

All water within Lakes Tarawera, Rotomahana, Ōkataina, Okereka, Tikitapu and Rotokakahi in the Tarawera Lakes Catchment, excluding Lake Ōkaro, is classified to be managed in its Natural State (NS), and any discharge permit granted for the discharge of



contaminants into these waters shall be subject to conditions ensuring compliance with the classification standard in Rule 15.8.4(b) …

Rule 15.8.4(b) states:

The standards for Class NS, that apply after reasonable mixing of any contaminant or water with the receiving surface water and disregard the effect of any natural perturbation that may affect the water body, are:

- The concentration of dissolved oxygen shall exceed 80% of saturation concentration.

- No increase in colour as assessed by measurement on the Munsell Hue scale, and no decrease in visual clarity as assessed by black disc measurement.

- No detectable increase in acute and chronic toxicity between a reference water sample and a sample of the discharge diluted with that water at the specified mixing ration.

- No increase in temperature.

- No increase in pH.

- No production of conspicuous oils and grease films, scums or foams, or floatable or suspended materials.

- No conspicuous increase in biological growths.

- Aquatic food resources shall not be rendered unsuitable for human consumption, nor water rendered unsuitable for stock watering.

- No increase in the emission of objectionable odour.

- No increase in nitrogen and phosphorus levels relative to the total nitrogen and total phosphorus levels measured in the lake in 1994.

Class NS Tarawera River Catchment Lakes – 1994 Nutrient Quality

Lake Total Phosphorous mg/m3

Total Nitrogen mg/m3

Trophic Lake Index

Tarawera 6.6 119 2.6

Ōkataina 5.7 113 2.6

Tikitapu 3.1 185 2.7

Ōkareka 5.1 221 3.0

Rotokakahi 6.4 217 3.1

Rotomahana 41.1 247 3.9

Rule 15.8.4(c) states:

All surface water within Lake Ōkaro is classified to be managed for Contact Recreation (CR), and any discharge permit granted for the discharge of contaminants into the water of Lake Ōkaro shall be subject to conditions ensuring compliance with the classification standards in Rule 15.8.4(d) …



Rule 15.8.4(d) states:

The standards for Class CR, that apply after reasonable mixing of any contaminant or water with the receiving surface water and disregard the effect of any natural perturbation that may affect the water body, are:

- No decrease in visual clarity below 1.6 metres as measured by the black disc technique.

- No detectable increase in acute and chronic toxicity between the reference water sample and a sample of the discharge diluted with that water at the specified mixing ratio.

- No increase in temperature of more than 30C, and maximum not to exceed 250C.

- pH shall remain within the range of 6.0 to 9.0.

- No production of conspicuous oils or grease films, scums or foams, or floatable or suspended materials.

- No conspicuous increase in biological growths.

- The median concentration of enterococci of at least 5 samples taken throughout the bathing season shall not exceed 33 enterococci per 100 millilitre, nor shall any single sample exceed 107 enterococci per 100 millilitre.

- No increase in the emission of objectionable odour.

Given that the discharge will comply with the specified performance standards under Rules 15.8.4(b) and 15.8.4(d) resource consent is required for a discretionary activity under Rule 15.8.4(m).

Rule 15.8.4(t) of the TRCP permits the discharge of tracer dye to water for scientific or investigation purposes subject to the following conditions:

- BOPRC is given at least 10 working days’ notice prior to the discharge.

- Details of the proposed discharge are publicly notified at least one week prior to the discharge.

- Any person or persons likely to be affected by the presence of dye … in water used for recreational, consumption or other uses is notified of the proposed discharge at least one week prior to the discharge.

- The dye … used shall not exceed a concentration that is proven to be inert or non-toxic in effect.

The proposal will comply with the conditions specified under Rule 15.8.4(t).

6.3 Activity Classification Overall, the proposal requires resource consent for a discretionary activity.



7.0 Assessment of Environmental Effects

The following sections consider the environmental effects of the proposal.

A relevant consideration in assessing the actual or potential environmental effects is that there will be no change to the nature of the contaminants or the method of discharge from that which has been previously consented and implemented.

7.1 Positive Effects The continued use of diquat herbicide and the associated tracer dye to aid its placement will enable the continued control of Ceratophyllum, Egeria and Lagarosiphon as required by the Regional Pest Management Plan18. It will also allow the applicant to rapidly respond to other aquatic plant pest risks that might emerge in the Rotorua Lakes in the future. The applicant needs to have the flexibility to use a range of methods, including the discharge of diquat, to control Ceratophyllum, Egeria and Lagarosiphon. Currently, no one method will provide effective control.

The continued control of Ceratophyllum, Egeria and Lagarosiphon will maintain and enhance important values of the Rotorua Lakes. In particular, the control of Ceratophyllum, Egeria and Lagarosiphon will allow native aquatic plants to recolonize the lake bed, thereby enhancing ecological values. Furthermore, the aesthetic qualities and natural character of the lakes will be maintained and enhanced and aquatic pest plants will be less of a constraint to recreational activities and navigation.

Enhancement of water bodies with respect to their mauri and mahinga kai resource will recognise and provide for cultural values.

These positive effects are considered significant. Without being able to effectively control Ceratophyllum, Egeria and Lagarosiphon through the use of diquat, such aquatic pest plants will continue to spread and impact on a range of freshwater values.

7.2 Aquatic Flora and Fauna Effects Diquat is one of two herbicides (the other being endothall) with aquatic registration permitting it to be broadcast on water in New Zealand to control aquatic pest plants.

The use of aquatic herbicides can affect a number of plants (not listed as target species) at low rates. However, native species are less susceptible to diquat and make a rapid recovery in the absence of tall dense exotic weed beds. A wide range of native plant species (including charophytes) show no herbicidal effects following use of diquat.

It is generally recognised that using chemicals to control aquatic pest plants causes less damage to the environment than not using them.

For the purpose of clarity and completeness; comments from Rohan Wells of NIWA in relation to the proposal, the resource consent requirements, and the effects of the proposal on aquatic flora and fauna are attached as Appendix 3.

18 Regional Pest Management Plan for the Bay of Plenty 2011 - 2016



Overall, subject to the herbicide being discharged as recommended by the label, the discharge will have less than minor adverse effects on aquatic flora and fauna.

The tracer dye is chemically inert, non-radioactive, and non-toxic. It readily disperses within the water column. No adverse effects on aquatic flora or fauna will therefore result from the use of tracer dye.

7.3 Water Quality and Human/Animal Health Effects The use of aquatic herbicides is deemed appropriate where the herbicide being used is authorised for aquatic use in New Zealand and the herbicide is used as recommended by the label (application method and concentration). The use of diquat falls into this category – that being that it is authorised to be used in New Zealand subject to appropriate ‘checks and balances’.

Diquat must be discharged in accordance with the label, and water abstractors and the public will be notified of any discharge to ensure that the discharge will have less than minor adverse effects on water quality and human/animal health.

Again, for the purpose of clarity and completeness; comments from Rohan Wells of NIWA in relation to the proposal, resource consent requirements and the effects of the proposal on water quality and human / animal health are attached as Appendix 3.

The tracer dye is chemically inert, non-radioactive, and non-toxic. It readily disperses within the water column. No adverse effects on human or animal health will therefore result from the use of tracer dye.

7.4 Air Quality Effects All discharge activity will be undertaken by a Registered Chemical Applicator. All applicators shall have a minimum of a GROWSAFE Standard Certificate or equivalent qualification.

The discharge of the aquatic herbicides will comply with the permitted activity criteria contained in the Bay of Plenty Regional Air Plan; and therefore applied in such a way that air quality will not be affected.

Overall, the proposal will have a negligible effect on air quality.

7.5 Visual Effects Diquat readily binds with suspended particles in water and is removed from the water column quickly. It leaves no conspicuous oil or grease film, scums or foams, and results in no change in the colour or visual clarity after reasonable mixing with receiving waters. There will therefore be no visual effects of the discharge of diquat.

Tracer dyes are highly visible in water in recognition of their purpose. The use of tracer dye will result in a change to the natural colour of the receiving water for a short duration after the application before being naturally dispersed by currents through the water column. Typically, the water will return to its natural colour within a matter of hours after use. The temporary nature of the change in colour and the irregularity of the discharge are such that any visual effects are considered to be less than minor.



To avoid coinciding with periods of higher recreational use it is proposed that a condition be imposed requiring that the discharge of tracer dye does not occur on weekends and on public holidays.

7.6 Recreation and Navigation Effects Ceratophyllum, Egeria and Lagarosiphon weed beds have had a negative impact on recreational activities and navigation in the Rotorua Lakes for many decades. Manual control has been used to assist in controlling the aquatic pest plants; however excessive growth has resulted in ongoing problems from time to time.

Continued control of these target weed species with diquat will have a positive effect on recreational activities in the Rotorua Lakes; with the clearance of lake areas infested by aquatic pest plants resulting. This will improve boat access, swimming, fishing and aesthetic qualities associated with the Rotorua Lakes.

The discharge of tracer dye will have a temporary visual effect on the natural colour of the receiving waters. This may lessen the recreational experience of some people; however, only on an infrequent and temporary basis. Any adverse effects on recreational use and users are therefore considered to be less than minor. To avoid coinciding with periods of higher recreational use it is proposed that a condition be imposed requiring that the discharge of tracer dye does not occur on weekends or on public holidays.

7.7 Cumulative Effects Section 3 of the RMA defines effect to include any ‘cumulative effect, which arises over time or in combination with other effects’.

The effects based assessment of the proposal determines there will be no adverse cumulative effects on the receiving environment.

To this extent, NIWA has provided the following comments:

“Diquat does not accumulate in the environment to any measurable extent that is biologically significant. Diquat has been extensively used for 50 years in New Zealand. At sites in Lake Rotoiti and Lake Rotoroa (Hamilton Lake) sediment analyses did not find diquat residues after several decades of use. Any cumulative effect with regards to weed biomass levels will be only beneficial with reduced weed biomass benefiting native vegetation …”19

7.8 Cultural Values The Te Arawa people are spread out over the geothermal zone of the central North Island, occupying lands in a continuous line from coast to volcanic mountain interior.

The Rotorua Lakes region is a significant area for the Iwi Te Arawa. The area has a rich cultural background, evidenced by the histories and names of the region, some of which were named during the first landings of the waka from Polynesia.

19 Wells, R (NIWA), July 2016



As a visual reference, the map below illustrates the approximate boundaries between the iwi and hapu regarding the lakes targeted in this application. Additional maps showing the separation between Te Arawa and non-Te Arawa Iwi is provided in Appendix 2.

Historically the Rotorua Lakes provided kai and were core to marae communities that settled around the shorelines of the lakes. Once Europeans arrived, local Maori also became involved in the blossoming tourism industry centred around the Pink and White Terraces being named the eighth wonder of the natural world. The unique geothermal landscape was also a draw for visitors from all over the world. Following the devastation of the Mt Tarawera eruption in 1886, and the loss of many local Maori, this industry has rebuilt and Rotorua is now the primary cultural destination in New Zealand.

The Crown recognised the cultural, spiritual and ownership rights of the Te Arawa Iwi in the return of 14 Te Arawa Lakes: Ngāhewa, Ngāpouri (Opuri), Ōkareka, Ōkaro (Ngakaro), Ōkataina (Te Moanaikataina a Te Rangikaroro), Rerewhakaaitu, Rotoehu, Rotoiti (Te Rotokitea Ihenga I Ariki ai a Kahumatamomoe), Rotomā, Rotomahana, Rotorua (Te Rotoruanui a Kahumatamomoe), Tarawera, Tikitapu, and Tutaeinanga to the 61 Iwi and hapū of Te Arawa. This was confirmed and transferred by the Crown in the Te Arawa Lakes Settlement Act 2006.

The Te Arawa Iwi, hapū and whanau have an inseparable and reciprocal relationship with all of these Lakes as kaitiaki and mana moana/mana roto and spiritual essence that has and will continue to influence their cultural integrity, identity, history and traditions (kawa and tikanga). The Lakes and the water within the lakes are taonga tupuna to Te Arawa. The Lakes have

Figure 4: Iwi Areas - Rotorua Lakes



provided a way of life that has sustainably provided food, shelter, economic opportunities, tourism and transport routes for Te Arawa.

The Te Arawa Lakes Trust (TALT) was established out of the 2006 settlement to receive, manage and administer the trust funds on behalf of and for the benefit of present and future members of Te Arawa.

The TALT engaged their Iwi and hapū members in a series of workshops to develop Te Arawa Cultural Values Framework, entitled “Te Tūāpapa o ngā wai o Te Arawa.” The framework consolidates the cultural values and beliefs of Te Arawa into a policy framework that focuses on the “water” that flows between the lakes, rivers, streams, groundwater aquifers and geothermal resources. The relationship between these water bodies are expressed in a whakapapa (genealogy) format showing the layered hierarchy between Wai (the provider of all life), Wai Ariki (a heavenly taonga) and then to the three genealogical components of Wai Ora (health and well-being), Wai Rua (the spiritual flow of life) and Wai Ata (the pulse and rhythm). The implementation of the framework requires the understanding of these beliefs and the added value that TALT, Te Arawa Iwi / hapū and Te Ao Māori can contribute to the discussions on the past, present effects and future aspirations for all of the Lakes with the wider constituents.

Te Arawa will seek opportunities to apply the Te Tūāpapa o ngā wai o Te Arawa to the proposal to manage aquatic pest plants in the Te Arawa Lakes through the continued use of diquat.

Iwi / hapū will be interested in the short and long term effects of diquat use on lake users, water quality, mahinga kainga species, fauna and flora in the lakes, lake events and recreational activities; and the time frames and management practices involves with the application of the herbicide.

As consent authority, BOPRC will notify the following Iwi and/or hapū groups through the public notification process:

• TATL and all Te Arawa Iwi and hapū; • Entities with recognised interests in one or more of the Te Arawa Lakes; • Entities who have lodged an environmental management plan with the BOPRC that relates to

one or more of the Lakes; or • Any Treaty settlement that specifies some form of recognition of interests in (i.e. statutory

acknowledgement, return of land adjoining) one or more of the Te Arawa / Rotorua Lakes.

7.9 Conclusion of Assessment of Environmental Effects The assessment of environmental effects determines that any actual or potential effects on the environment as a result of the proposal will be less than minor.



8.0 Alternative Methods of Discharge

The Fourth Schedule of the Resource Management Act 1991 (RMA) requires applications for discharge of contaminants to provide a description of any possible alternative methods of discharge, including discharge into any other receiving environment. This application proposes the continuation of three discharge methods, those being by hand, diver and/or boat or helicopter with specially adapted boom.

No other practicable methods have been identified. The applicant requires flexibility to use a range of discharge methods so that the most practicable method is selected for any given circumstance. Aerial application, for example, allows large areas of dense aquatic pest plants to be targeted more efficiently and effectively than other methods. Conversely boat or hand-held methods are more effective and efficient for targeting smaller scattered beds or plants. With all of these methods, the discharge is able to be applied accurately so as to ensure that only areas of aquatic pest plants are targeted and that only the quantity of herbicide required is discharged to the environment.

The discharge of herbicide is just one or a range of methods the applicant uses for aquatic pest plant control. Suction dredging and hand weeding are also used. These methods however are generally only practicable once herbicide use first reduces weed biomass.

This application applies to all lakes across the Rotorua Lakes District. As a consequence, there are no alternative receiving environments for the discharge.



9.0 Statutory Assessment

9.1 Part II of the Resource Management Act 1991 (RMA) Of the provisions contained in the RMA Part II is the most significant. In this respect, it defines the purpose and principles around which the RMA is centred.

Section 5, which documents the RMA’s purpose, promotes the sustainable management of natural and physical resources. In defining the phrase ‘natural and physical’, Section 5 states that resources may be used in a manner that enables people and communities to provide for their social, economic and cultural well-being, and for their health and safety while:

(a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

(b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment.

The proposal promotes the concept of sustainable management, providing for the social, economic and cultural well-being of the community, without giving rise to any adverse environmental effects that cannot be avoided, remedied or mitigated.

Section 6 relates to matters of national importance. In achieving the purpose of the RMA all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the matters listed. Of the matters listed the following are relevant to a consideration of this application:

(a) The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development;

(c) The protection of areas of significant indigenous flora and significant habitats of indigenous fauna;

(d) The maintenance and enhancement of public access to and along the coastal marine area, lakes and rivers; and

(e) The relationship of Maori and their culture and traditions with their ancestral lands, water sites, waahi tapu, and other taonga.

The proposal will assist with the preservation and protection of indigenous flora and fauna throughout the receiving environment.

Section 7 lists other matters to which consent authorities shall have ‘particular regard to’ when considering resource consent applications. Of those matters listed the following are relevant to a consideration of this application:

(a) Kaitiakitanga;

(b) The efficient use and development of natural and physical resources.

(c) The maintenance and enhancement of amenity values;

(d) Intrinsic values of ecosystems; and



(f) Maintenance and enhancement of the quality of the environment.

The proposal is an example of an efficient use of and development of the land resources involved. Amenity values associated with the environment will be maintained, as will the quality of the environment.

Section 8 of the RMA states:

“In achieving the purpose of the Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi)”.

The proposal is not contrary to the principles of the Treaty of Waitangi.

9.2 Section 104B Section 104B states that, where considering an application for a discretionary or non-complying activity, the consent authority may grant or refuse the application. If the activity is granted, the consent authority may impose conditions pursuant to Section 108.

9.3 Section 107 Section 107 requires that no discharge permit shall be issued for the discharge of contaminants to water, or land where it may enter water, if after reasonable mixing, the contaminant or water discharged (either by itself or in combination with the same, similar or other contaminants or water), is likely to give rise to all or any of the following effects in the receiving waters:

(c) The production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials;

(d) Any conspicuous change in the colour or visual clarity;

(e) Any emission of objectionable odour;

(f) The rendering of fresh water unsuitable for consumption by farm animals;

(g) Any significant adverse effects on aquatic life

The proposed discharge of aquatic herbicide to the Rotorua Lakes has the potential to temporarily render fresh water unsuitable for consumption by farm animals. However, under Section 107(2) a consent authority may grant a discharge permit that allows any of the above-mentioned effects if it is satisfied that the discharge is of a temporary nature and that the discharge is associated with necessary maintenance work. The proposed discharge is of a temporary nature and is associated with the maintenance and enhancement of the Rotorua Lakes. On this basis, the proposal will be consistent with the purpose and intent of Section 107.

9.4 National Policy Statements The National Policy Statement for Freshwater Management (NPS – FM 2014) supports improved freshwater management in New Zealand. It does this by directing Regional Council’s to establish objectives and set limits for fresh water in their Regional Plans.



The NPS – FM 2014 requires Regional Council’s to recognise the national significance of fresh water for all New Zealander’s and Te Mana o te Wai (the mana of the water).

The following objectives and policies of the NPS – FM 2014 are relevant to a consideration of this application:

Objective A1

To safeguard:

the life-supporting capacity, ecosystem processes and indigenous species including their associated ecosystems, of fresh water;

…in sustainably managing the use and development of land, and of discharges of contaminants.

Objective A2

The overall quality of fresh water within a region is maintained or improved while:

a) protecting the significant values of outstanding freshwater bodies;

b) protecting the significant values of wetlands; and

c) improving the quality of fresh water in water bodies that have been degraded by human activities to the point of being over-allocated

Policy A4 and direction

“1. When considering any application for a discharge the consent authority must have regard to the following matters:

a) the extent to which the discharge would avoid contamination that will have an adverse effect on the life-supporting capacity of fresh water including on any ecosystem associated with fresh water; and

b) the extent to which it is feasible and dependable that any more than minor adverse effect on fresh water, and on any ecosystem associated with fresh water, resulting from the discharge would be avoided.

2. When considering any application for a discharge the consent authority must have regard to the following matters: a. the extent to which the discharge would avoid contamination that will have an adverse effect on the health of people and communities as affected by their secondary contact with fresh water; and b. the extent to which it is feasible and dependable that any more than minor adverse effect on the health of people and communities as affected by their secondary contact with fresh water resulting from the discharge would be avoided.

3. This policy applies to the following discharges (including a diffuse discharge by any person or animal):

a) a new discharge; or

b) a change or increase in any discharge – of any contaminant into fresh water, or onto or into land in circumstances that may result in that contaminant (or, as a result of any natural process from the discharge of that contaminant, any other contaminant) entering fresh water”

Objective C1

To improve integrated management of fresh water and the use and development of land in whole catchments, including the interactions between fresh water, land, associated ecosystems and the coastal environment.



Policy C1

By every regional council managing fresh water and land use and development in catchments in an integrated and sustainable way, so as to avoid, remedy or mitigate adverse effects, including cumulative effects.

Objective D1

To provide for the involvement of iwi and hapū, and to ensure that tāngata whenua values and interests are identified and reflected in the management of fresh water including associated ecosystems, and decision-making regarding freshwater planning, including on how all other objectives of this national policy statement are given effect to.

Policy D1

Local authorities shall take reasonable steps to:

a) involve iwi and hapū in the management of fresh water and freshwater ecosystems in the region;

b) work with iwi and hapū to identify tāngata whenua values and interests in fresh water and freshwater ecosystems in the region; and

c) reflect tāngata whenua values and interests in the management of, and decision-making regarding, fresh water and freshwater ecosystems in the region.

The presence of aquatic pest plants in the Rotorua Lakes affect a number of significant values that are of importance to tangata whenua and the wider community. Subject to the continued discharge of diquat to the Rotorua Lakes being undertaken in accordance with the label the proposal will be consistent with the outcomes sought after by the NPS – FM 2014.

9.5 Regional Planning Documents

9.5.1 Bay of Plenty Regional Policy Statement

The Bay of Plenty Regional Policy Statement (RPS) establishes the Regional Council’s overall strategy for achieving sustainable management of natural and physical resources.

The RPS contains the following objectives and policies that have relevance to this proposal:

Objective Policies

Chapter 2.5 Integrated Resource Management

Objective 10

Cumulative effects of existing and new activities are appropriately managed

Policy IR 5B: Assessing cumulative effects

Policy IR 9B: Taking an integrated approach towards biosecurity

Policy IW 4B: Taking into account iwi and hapū resource management plans

Chapter 2.6 Iwi Resource Management Policy IW 5B: Adverse effects on matters of significance to Māori



Objective 15

Water, land, coastal and geothermal resource management decisions have regard to iwi and hapū resource management planning documents

Objective 17

The mauri of water, land, air and geothermal resources is safeguarded and where it is degraded, where appropriate, it is enhanced over time.

Policy IW 6B: Encouraging tangata whenua to identify measures to avoid, remedy or mitigate adverse cultural effects

Policy IW 2B: Recognising matters of significance to Māori

Policy MN 1B: Recognise and provide for matters of national importance

Chapter 2.7 Matters of National Importance

Objective 19

The preservation of the natural character of the region’s coastal environment wetlands, lakes and rivers and their margins

Policy MN 2B: Giving particular consideration to protecting significant indigenous habitats and ecosystems

Policy MN 3B: Using criteria to assess values and relationships in regard to section 6 of the Act

Objective 20

The protection of significant indigenous habitats and ecosystems, having particular regard to their maintenance, restoration and intrinsic values.

Policy MN 4B: Encouraging ecological restoration

Policy IR 9B: Taking an integrated approach towards biosecurity

Policy WL 2B: Defining catchments at risk

Chapter 2.9 Water Quality and Land Use

Objective 28

Enhance the water quality in the lakes of the Rotorua district and other catchments at risk

Policy WL 3B: Establishing limits for contaminants entering catchments at risk

Policy WL 4B: Requiring consent for increased discharges in catchments at risk

Policy WL 5B: Allocating the capacity to assimilate contaminants

Policy WL 6B: Managing the reduction of nutrient losses

The proposal will not have any adverse cumulative effects on the receiving environment. Resource management issues of significance to tangata whenua, such as the mauri of water, will be safeguarded and enhanced over time as a consequence of the proposal.

The proposal will contribute to the protection of indigenous habitats and ecosystems with particular regard to their maintenance, restoration, and intrinsic values.

The proposal will contribute to the enhancement of the water quality in the Rotorua Lakes.

Based on the proposed implementation methodologies and proposed consent conditions there will be a no more than minor adverse effect on the receiving environment.

Overall, the proposal will be consistent with the purpose and intent of the RPS.



9.5.2 Bay of Plenty Regional Natural Resources Plan

The purpose of the Bay of Plenty Regional Natural Resources Plan (RNRP) is to promote the sustainable and integrated management of land and water resources within the Bay of Plenty.

Discharges of contaminants to water is a matter dealt with in DW I1(Issue 18) of the RNRP:

“Discharges of contaminants to water have the potential to degrade water quality below that necessary to sustain heritage values and allow for use of water by the community, and degrade the mauri of the water body.”

In this context, a contaminant includes any substance (including gases, liquids, solids, and micro-organisms) or energy (excluding noise) or heat, that either by itself or in combination with the same, similar, or other substances, energy, or heat –

(a) When discharged into water, changes or is likely to change the physical, chemical, or biological condition of water …

In the case of this particular discharge, the use of the proposed contaminant will contribute to the efficient and effective management of the Rotorua Lakes, controlling and eradicating aquatic pest plants, which threaten the habitat for indigenous flora and fauna.

Chapter 3 of the RNRP regards the influence of kaitiakitanga in the region. This chapter contains the following objectives and policies that have relevance to this proposal:

Objective Policy

KT O1 (Objective 1): The principles of the Treaty of Waitangi (Te Tiriti o Waitangi) are recognised and taken into account in the management of water, land and geothermal resources.

KT P1 (Policy 1): To recognise that tangata whenua, as indigenous peoples, have rights protected by the Treaty of Waitangi (Te Tiriti o Waitangi) and that consequently the Act accords Maori a status distinct from that of interest groups and members of the public.

KT P2 (Policy 2): To take into account the principles of the Treaty of Waitangi in the management of land, water and geothermal resources.

KT P3 (Policy 3): To encourage tangata whenua to identify their particular requirements to address sections 6(e), 7(a) and 8 of the Act, in relation to their ancestral lands (rohe), sites or resources, and mauri.

KT P4 (Policy 4): To actively develop an integrated water, land and geothermal resource management regime and effective working relationships, between councils and tangata whenua.

KT P5 (Policy 5): To ensure that resource management issues of concern to tangata whenua are taken into account and addressed, where these concerns are relevant and within the functions of Environment Bay of Plenty.

KT P6 (Policy 6): To promote greater understanding by tangata whenua of the water, land and geothermal resource management responsibilities that are within the functional jurisdiction of Environment Bay of Plenty.

KT O2 (Objective 2): Environment Bay of Plenty to cultivate partnership protocols with tangata whenua to:

(a) Have particular regard to the role of kaitiaki and Nga Tangata Pukenga in the management of water, land and geothermal resources.

(b) Achieve the integrated management of land, water and geothermal resources.

KT O3 (Objective 3): Consultation with tangata whenua that recognises their societal structures, practices, protocols, and procedures, and status under the Act.



KT O4 (Objective 4): The water, land and geothermal concerns of tangata whenua are taken into account and addressed as part of resource management processes, while recognising that different iwi and hapu may have different concerns or practices.

KT P7 (Policy 7): To make provision for kaitiaki to manage their ancestral land, water, and geothermal resources where this is consistent with the Act.

KT P8 (Policy 8): To recognise that kaitiakitanga involves both: (a) The use and development of land, water and geothermal resources by tangata whenua, and (b) The protection of taonga, waahi tapu, significant sites, traditional use sites, and other natural and physical resources of importance to tangata whenua.

KT P9 (Policy 9): To have particular regard to kaitiakitanga, including customary use and management practices relating to water, land and geothermal resources, including mahinga kai whenua and mahinga kai awa, waahi tapu and taonga raranga, in accordance with tikanga Maori, and the mana and responsibilities of Nga Tangata Pukenga, where this is consistent with the Act.

KT P10 (Policy 10): To identify the extent of cultural values associated with rivers, streams, lakes, wetlands, geothermal resources and land, where this is considered appropriate by tangata whenua.

KT P11 (Policy 11): To recognise and provide for the mauri of water, land and geothermal resources when assessing resource consent applications.

KT P12 (Policy 12): To use the Ministry for the Environment’s Maori environmental performance indicators as part of Environment Bay of Plenty’s environmental monitoring programmes, while recognising that there are different applications and interpretations of traditional Maori water categories between individual iwi and hapu in the region.

KT P13 (Policy 13): To advise and encourage resource consent applicants to consult directly with tangata whenua where it is necessary to identify the relationships of Maori and their culture and traditions with their ancestral lands, waters, sites, waahi tapu and other taonga, and the actual and potential adverse effects of proposed activities on that relationship.

KT P14 (Policy 14): To consult tangata whenua on water, land and geothermal resource management issues according to the requirements of the Act, tikanga Maori methods of consultation, and in a manner consistent with case law.

KT P15 (Policy 15): To consult all appropriate tangata whenua holding mana whenua in circumstances where rohe (tribal boundaries), or areas of ancestral or historic interest overlap.

KT P16 (Policy 16): To recognise that different iwi and hapu may have different water, land and geothermal resource management concerns, practices and management methods.

KT P17 (Policy 17): To: (a) Take into account iwi resource management planning

KT O5 (Objective 5): Water, land and geothermal resource management decisions have regard to iwi resource management planning documents.

KT O6 (Objective 6): Maintain the biological and physical aspects of the mauri of water, land and geothermal resources; and where practicable achieve the ongoing improvement of the biological and physical aspects of the mauri where it has been degraded, as it relates to: (a) Water quality meeting the specified water quality classifications. (b) Water flows not breaching the instream minimum flow requirements. (c) The life-supporting capacity of soils are sustained. (d) Protection of geothermal surface features identified by, and of special value to tangata whenua.

KT O7 (Objective 7): The extent of the spiritual, cultural and historical values of water, land and geothermal resources (including waahi tapu, taonga and sites of traditional activities) to tangata whenua are identified.



documents, when preparing or changing a regional plan, where such documents exist. (b) Have regard to iwi resource management planning documents when considering resource consent applications, where such documents exist.

KT P18 (Policy 18): To avoid, remedy or mitigate adverse effects on water, land and geothermal resources or sites of spiritual, cultural or historical significance to tangata whenua, where these resources and sites have been identified by tangata whenua.

KT P19 (Policy 19): To encourage tangata whenua to recommend appropriate measures to avoid, remedy or mitigate the adverse environmental effects of the use and development of water, land and geothermal resources.

KT P20 (Policy 20): To assess effects of proposed development activities on the cultural and historic values and sites of water, land and geothermal resources in consultation with tangata whenua.

The proposal will not be contrary to the principles of the Treaty of Waitangi.

Consultation with tangata whenua in relation to the proposal forms an important part of the resource consent process; hence consultation undertaken to date by the applicant, primarily through the Te Arawa Lakes Trust and the Aquatic Pest Coordination Group meetings; and furthermore through the public notification process.

Chapter 4 of the RNRP recognises the importance of Integrated Management in the region. This chapter contains the following objectives and policies that have relevance to this proposal:

IM O1 (Objective 8): Integrated management of land and water resources.

IM O2 (Objective 10): Stewardship of natural resources which: (a) Sustains the life-supporting capacity of soil, water and ecosystems. (b) Maintains, and where appropriate, protects cultural, ecological, amenity, natural character and landscape values through management practices that avoid, remedy or mitigate adverse effects.

IM P4 (Policy 26): To continue to raise community awareness about water quality and integrated management issues.

The proposal forms part of an integrated management work programme, which seeks to maintain and enhance the Rotorua Lakes.

The proposal will contribute to the sustainable management of water quality and indigenous ecosystems in the Rotorua Lakes; furthermore the proposal will contribute to the maintenance and protection of cultural, ecological, amenity, natural character and landscape values through best practice management that will avoid, remedy or mitigate adverse effects.



Chapter 6 of the RNRP recognises the importance of controlling Discharges to Water and Land in the region. This chapter contains the following objectives and policies that have relevance to this proposal:

DW O1 (Objective 23):

Discharges of contaminants to water are managed to meet the following goals: (a) After reasonable mixing, discharges of contaminants to lakes, streams and rivers meet the water quality classification of the receiving water bodies as a minimum; and have no more than minor adverse effects on heritage values, existing users in downstream areas, and lakes, harbours and estuaries. (b) Discharges of contaminants to water are in a manner that takes into account the cultural values of tangata whenua acknowledged for that area.

DW P1 (Policy 38):

Contaminant Discharge Requirements

(a) Lakes (i) Direct discharges of contaminants to lakes are discouraged, while allowing for minor discharges that are unlikely to have adverse effects on water quality.

(ii) There shall be no net increase of nitrogen or phosphorus in lake catchments. This does not preclude the use of nutrient trading within the same lake catchment to achieve this policy.

(iii) Where discharges are made directly to lakes, the discharge is to:

- Meet the water quality classification of the lake after reasonable mixing.

- Avoid, remedy or mitigate adverse effects on heritage values and existing users of the lake. This will include implementing appropriate treatment and mixing methods for the discharge.

DW P2 (Policy 41): To encourage the change from the discharge of contaminants to water to the landbased treatment and disposal of contaminants, where this is environmentally sustainable.

DW P5 (Policy 42): To recognise and provide for the effects on the mauri of the receiving environment caused by the discharge of contaminants to water by: (d) Avoid, remedy or mitigate adverse effects on water, land and geothermal resources or sites that are of significance to tangata whenua, where such resources or sites have been identified by tangata whenua. (e) Avoiding physical degradation of the life-supporting capacity of receiving waters.

DW P6 (Policy 43A): When considering any application for a discharge the consent authority must have regard to the following matters: (a) the extent to which the discharge would avoid contamination that will have an adverse effect on the life-supporting capacity of fresh water including on any ecosystem associated with fresh water; and (b) the extent to which it is feasible and dependable that any more than minor adverse effect on fresh water, and on any ecosystem associated with fresh water, resulting from the discharge would be avoided; and (c) the extent to which the discharge would avoid contamination that will have an adverse effect on the health


Prevent the accumulation of persistent toxic contaminants in the environment, particularly in lakes, estuaries and harbours and their catchments.


Cumulative effects of small-scale discharges of contaminants to water and land are managed appropriately to avoid, remedy or mitigate adverse effects on water quality (including coastal waters), and soil health and ecosystems.



of people and communities as affected by their secondary contact with fresh water; and (d) the extent to which it is feasible and dependable that any more than minor adverse effect on the health of people and communities as affected by their secondary contact with fresh water resulting from the discharge would be avoided.

DW P10 (Policy 48): To encourage, as appropriate, discharge activities to comply with current best engineering practices and best practicable options to avoid or mitigate adverse effects on the environment so that the requirements of this regional plan and other Environment Bay of Plenty requirements are met. Best engineering practices are relevant where the scale, intensity and potential adverse effects require such engineering practices.

DW P11 (Policy 49): To set a reasonable mixing zone in conditions of resource consents to discharge contaminants to water where relevant, having regard to the criteria specified in Method 115*.

* Method 115: Define the length or radius of a reasonable mixing zone in the conditions of a resource consent for the point source discharge of contaminants to a surface water body having regard to the following assessment criteria: (a) The best practicable option to minimise the length or radius of the reasonable mixing zone. (b) The water quality classification of the receiving water body (refer to the Water Quality Classification Map), and the relevant water quality classification standard in Schedule 9. (c) The flow regime of the receiving water. (d) The ambient concentrations of contaminants in the receiving water. (e) Effluent discharge flow rate and contaminant concentrations. (f) Existing discharge and abstraction consents. (g) Fish migration and aquatic ecosystems requirements. (h) The values and existing uses of the water body. (i) Maori cultural values (refer to Policy 42). (j) Proximity to bathing sites, especially those listed in Schedule 10. (k) Adverse environmental effects of the discharge, including cumulative effects in relation to (a) to (j). (l) The location of the discharge and position of the outfall. (m) Outfall diffuser design criteria. (n) Information provided by the applicant. (o) Any other information relevant to the nature of the discharge and the site characteristics.

The proposal to continue discharging diquat to the Rotorua Lakes in accordance with the label (inclusive of reasonable mixing) will have a no more than minor adverse effect on heritage values, existing users in downstream areas, and the lakes themselves.


Overall, the proposal will be consistent with the policy framework contained in the RNRP.



9.5.3 Regional Plan for the Tarawera River Catchment (TRCP)

The TRCP seeks to enhance surface water quality in the Tarawera Catchment to a level which safeguards the life-supporting capacity of the water and meets the reasonable needs of people and communities.

Chapter 13 of the (TRCP) recognises the importance of preserving Freshwater Ecology in the region. This chapter contains the following objectives and policies that have relevance to this proposal:

Objective 13.5.2

(a) Protection, maintenance and enhancement of the life supporting capacity of surface water bodies in the Tarawera River catchment. (b) Protection, maintenance and enhancement of the indigenous vegetation, habitat and migration pathways of the remnant wetlands, lakes, rivers and their margins in the Tarawera River catchment.

Policy 13.5.3(e): To promote the restoration and enhancement of wetlands, lakes and riverine habitats; and their riparian margins.

The proposal will contribute to the efficient and effective management of the Rotorua Lakes, controlling and eradicating aquatic pest plants, which threaten the habitat for indigenous fauna and flora.

As a consequence, the proposal will contribute to the protection, maintenance and enhancement of the Tarawera River catchment; and the indigenous vegetation, habitat, and migration pathways of the Rotorua Lakes and their margins.

Chapter 15 of the (TRCP) recognises the importance of Surface Water Quality in the region. This chapter contains the following objectives and policies that have relevance to this proposal:

Objective 15.8.2

Enhance surface water quality in the Tarawera catchment to a level which safeguards the life supporting capacity of the water and meets the reasonable needs of people and communities, especially: (a) Reduction in the production of waste and discharge of contaminants throughout the catchment; and (b) The maintenance of “Fish Spawning” water quality standards in the Upper Reach of the Tarawera River and its tributaries; and (c) The establishment of “Fish Purposes” water quality standards in the Lower Reach of the Tarawera River; and (d) The conservation of lakes and tributaries in their Natural State; and (e) The enhancement of the water

Policy 15.8.3(a): To establish a range of surface water quality classes that provide standards for the management of surface water bodies in the catchment. The purposes of these classifications are as follows: (i) The quality of water in the lakes in the catchments of the Tarawera Lakes, excluding Lake Ōkaro, will be managed to retain its Natural State (NS). For the purposes of the Class NS classification, Environment Bay of Plenty defines natural state to mean that the water quality in the total water column of a lake should remain at 1994 water quality standards or better. (ii) The quality of water in Lake Ōkaro will be managed for Contact Recreation (CR) purposes.

Policy 15.8.3(e): To encourage dischargers to avoid, remedy or mitigate any actual or potential adverse effects arising from their direct or indirect discharge of contaminants into water by: (a) Limiting and reducing quantities and concentrations of discharged contaminants, in particular,



quality in Lake Ōkaro to that suitable for contact recreation.

contaminants which can reduce the life supporting capacity of aquatic ecosystems.

Policy 15.8.3(f): To establish reasonable mixing zones for all authorised discharges, excluding permitted activities, within the Tarawera River catchment, on a case by case basis, relative to but not limited to specified criteria.

Policy 15.8.3(m): To encourage the reduction of colour to achieve Fish Purpose standards for the Lower Reach of the Tarawera River.

The proposal will contribute to the enhancement of surface water quality in the Tarawera River catchment.

Overall, the proposal will be consistent with the policy framework contained in the TRCP.

9.5.4 Te Whatuoranganuku Iwi Management Plan

The basis for this plan is to express iwi rangātiratanga in order to exercise their kaitiaki roles and responsibilities within their rohe. It acknowledges and recognises the mana whenua of the hapū, the relationships through whakapapa with other hapū and iwi, and the connection with other entities.

The Rotorua lakes are a taonga and iconic landmarks of New Zealand. Lake Rotoiti, Lake Rotoehu and Lake Rotomā (part of the Te Arawa Lakes Settlement) are particularly significant features of Ngāti Tamateatutahi-Ngāti Kawiti hapū landscape and identity.

The Te Whatuoranganuku Iwi Management Plan contains the following objectives and policies that have relevance to this proposal:

Iwi interests/issues Objectives

Chapter 6.2 – Water

“We support the protection and restoration of waterways and the surrounding environment. The environmental effects and economic impact of activities must be balanced with the spiritual and cultural values we associate with water.”

Improve hapū awareness of traditional knowledge of our waterways

Support waterway restoration and protection

Improve and maintain a high standard of water quality

The proposal will contribute to the protection and restoration of the Rotorua Lakes which as a consequence will deliver positive outcomes.

9.5.5 Ngati Kea Ngati Tuara Iwi Environmental Management Plan

Ngāti Kea Ngāti Tuara is a hapū of Te Arawa, based at Horohoro, about 12 km south of Rotorua.



The Ngati Kea Ngati Tuara Iwi Environmental Management Plan contains the following objectives and policies that have relevance to this proposal:

Iwi Interests/issues Objectives

- The quality of water in rivers, streams and lakes deteriorating due to surrounding land use.

- Aquatic pests (animals and plants) having an adverse impact on taonga fish species

- Our customary taonga fish species include tuna (longfin eel), koura, koaro, kokopu and morihana.

- Fish stocks have declined significantly as a result of barriers (e.g. hydro dams, culverts), degraded water quality and habitat loss.

Objective 7

Ensure active involvement of Ngāti Kea Ngāti Tuara in resource management processes and decisions that relate to the Pokaitu Stream, Waikarakia Stream, Utuhina Stream, Te Reporepo Stream and the Ngāti Kea Ngāti Tuara Water Reserves in our rohe.

Objective 8

Collect, collate and share knowledge about the customary and contemporary use and management of freshwater resources.

Objective 13

Support aspirations by Ngāti Kea Ngāti Tuara members to explore opportunities for the use of freshwater resources for future development.

Objective 14

Promote the restoration of habitat for freshwater fish within the Ngāti Kea Ngāti Tuara rohe.

The proposal will contribute to the enhancement of water quality in the Rotorua Lakes; the sustainable management of aquatic pest plants, and the restoration of habitat for freshwater fish.

9.5.6 Ngati Rangitihi Iwi Environmental Plan

The Ngāti Rangitihi iwi environmental management plan is a document with supporting maps and schedules to assist the iwi with managing natural and cultural resources of importance to Ngāti Rangitihi. It is a written statement that consolidates Iwi knowledge on environmental matters and sets the policy framework and a range of aspirations and methods for achieving them.

Lakes Rerewhakaaitu, Lake Rotomahana, Lake Tarawera, Lake Rotoma and Lake Rotoehu are particularly significant features of Ngati Rangitihi hapū landscape and identity.

The Ngati Rangitihi Iwi Environmental Management Plan contains the following objectives and policies that have relevance to this proposal:


Places of Significance

- Ngāti Rangitihi have special concerns over the widespread loss of ancestral taonga.

- They also seek greater involvement in the resource management of heritage

Places of significance to Ngāti Rangitihi including waahi tapu, lakes, rivers, customary resource areas, are preserved and actively managed.

To protect and restore ecosystems and other heritage resources, whose heritage value and/or viability is threatened.



resources through their obligations of kaitiakitanga

Water Bodies

- Rivers, streams, lake beds and banks have been dramatically altered to provide for land-use.

- Water bodies are unable to support living ecosystems including fish and bird habitats.

Preserve or restore and maintain the natural form and character of water bodies including the margins and fauna.

The restoration and enhancement of the Tarawera River, Rangitaiki river, Lake Tarawera, Lake Rerewhakaaitu, and Lake Rotomahana.

The free flow of water from the mountains and lakes to the sea.

Freshwater

- The discharge of contaminants including human and animal waste into freshwater.

- The degradation of the quality of freshwater resources to meet the environmental, economic, cultural and social well-being of Ngāti Rangitihi.

Restore, maintain and protect the mauri of freshwater resources.

Maintain and manage freshwater for meeting the needs of sanitation and economic activities.

To maintain quality in water bodies which have good water quality, and to enhance water quality which is degraded for the following purposes: (iv)Lakes, rivers and streams: protection of aquatic ecosystems, recreation, food gathering, water supply, cultural and aesthetic purposes. (v) Wetlands: protection of aquatic ecosystems

Biosecurity

- The introduction of animal and plant pests and pathogens may have detrimental impacts on native flora and fauna and economic forests of importance to Ngāti Rangitihi.

Avoid the introduction of pest and weed species into the rohe of Ngāti Rangitihi, in particular species that may have a significant negative impact on lakes and river environments, wetlands and native forests, economic crops and plantation forests.

Seek comprehensive and rigorous scientific and cultural research and testing before any testing in the rohe of Ngāti Rangitihi occurs.

Minimise any impacts and spread of unwanted animal and plant species and pathogens through active control and management tools.

The proposal will contribute to the preservation and maintenance of the natural form and character of the Rotorua Lakes, including the margins and flora and fauna inextricably linked to the lakes.

The proposal will contribute to the maintenance and enhancement of water quality in the Rotorua Lakes.

The primary purpose of the proposal is to assist with the sustainable management of aquatic pest plants in the Rotorua Lakes that have detrimental impacts on native flora and fauna.



9.5.7 Ngati Rangiwewehi Iwi Management Plan

The waterways within the tribal boundaries of Ngāti Rangiwewehi hold considerable significance to the Tangata Whenua, with particular reference to the Awahou and Hamurana Streams (including the springs from whence they come forth); and Lake Rotorua-nui-a-Kahumatamomoe, into which these tributaries flow.

Ngāti Rangiwewehi have identified that traditionally important areas for collecting and preparing Rongoa and weaving materials and food gathering, have been significantly altered and reduced as a result of wetland drainage, conflicting land use and habitat degradation. The loss and degradation of these water resources through the removal of indigenous vegetation from stream margins, sedimentation and erosion, the controlling of lake levels, and contamination of waterways, are significant issues for Ngāti Rangiwewehi and have been identified by the iwi as having a major influence on their current economic and cultural wellbeing.

The Ngati Rangiwewehi Iwi Management Plan contains the following objectives and policies that have relevance to this proposal:


Wai – Water bodies

- Declining water quality

- Loss of stream and wetland habitats

- Current water management strategies do not adequately address the cultural values of Ngati Rangiwewehi

- Lack of consideration given to Ngāti Rangiwewehi cultural values in water research.

- The interpretation, and recognition of water resource ownership remains unresolved.

Policy 2: That the cultural importance of water to Ngati Rangiwewehi is promoted in all water management.

Policy 3: That the mauri of all waters are protected and restored.

Policy 5: That the use of the Cultural Health Index is encouraged as a waterway monitoring tool.

Policy 6: That water-related research which provides for Ngati Rangiwewehi input be promoted.

Discharges

- View that discharges to waterways have minimal or nil effects due to dilution rates.

- Cumulative effects of discharges.

- Point and non-point source discharges to waterways of human waste and other contaminants.

Policy 8: That all discharge renewal consent be required to consider alternatives, including new technology.

Policy 11: That Ngati Rangiwewehi input into the development of monitoring programmes is encouraged.

Policy 12: That regular monitoring of all discharges be required, and all information and/or related analyses results be made available to Ngati Rangiwewehi.

Policy 16: That visible signage in both Maori and English is required to inform people of the discharge area.




9.5.8 Raukawa Iwi Management Plan

The development of this Plan shows a commitment from the iwi to fulfil the kaitiaki rights and responsibilities handed down through our whakapapa. It is through their whakapapa that Raukawa hold a unique and special responsibility to preserve, protect, and sustainably manage the natural, physical, and historical resources within thier takiwā. This is reflected in the RST/RCT vision statement Raukawa Kia Mau, Kia Ora - to hold firmly and to thrive.

Lake Tarawera, Lake Rotomahana and Lake Ōkareka, Lake Tikitapu, Lake Rotokakahi and the Lake Rotorua Tributaries are particularly significant features of Raukawa hapū landscape and identity.

The Raukawa Iwi Management Plan contains the following objectives and policies that have relevance to this proposal:


Wai – Water bodies

- The prioritising of western knowledge systems over mātauranga Māori in the assessment and monitoring of water.

- Barriers to fish passage, loss of habitat, and a decline in the diversity and resilience of indigenous plants and animals.

- The loss of natural character and amenity of the waterbodies within our takiwā.

- Proliferation of lake weed within the Waikato River Hydro System.

Discharges

- View that discharges to waterways have minimal or nil effects due to dilution rates.

- Cumulative effects of discharges.

- Point and non-point source discharges to waterways of human waste and other contaminants.

Policy 8: That all discharge renewal consent be required to consider alternatives, including new technology.

Policy 11: That Ngati Rangiwewehi input into the development of monitoring programmes is encouraged.

Policy 12: That regular monitoring of all discharges be required, and all information and/or related analyses results be made available to Ngati Rangiwewehi.

Policy 16: That visible signage in both Maori and English is required to inform people of the discharge area.





9.5.9 Ngati Pikiao

Lake Rotoiti, Lake Rotoehu, and Lake Rotoma are particularly significant features of Ngati Pikiao hapū landscape and identity.

While no management plan is available to represent the interests of this iwi in a statutory context, it is accepted that their interests are protected by the Tarawera River Catchment Plan.

9.6 Conclusion on Statutory Considerations The proposal is consistent with the policy framework contained in the relevant statutory planning documents and Part II of the RMA.



10.0 Other Matters

10.1 Hazardous Substances and New Organisms Act 1996 (HSNO Act)

It is important to note that the use of herbicides in New Zealand is regulated under the Hazardous Substances and New Organisms Act 1996 (HSNO Act). The HSNO Act addresses risks to the environment, people and communities by conducting thorough risk, cost and benefit assessments on specific hazardous substances so that the overall benefits are balanced against potential risks. Through this assessment, controls are applied to the hazardous substance to prevent or manage the adverse effects of its use. It is important that resource consent procedures do not duplicate the HSNO Act process.

In a recent resource consent hearing20 the commissioners stated:

“Assessments of the broader inherent risks are a responsibility of the NZEPA, under the HSNO Act (through which determinations have already been made on each of the herbicides), whereas what is relevant to the RMA, and this hearing, are matters relating to the safe use of these agrichemicals in specific operational settings. This should not be an opportunity to re-litigate decisions already made under the HSNO Act by the NZEPA”.

Consequently, the focus of a resource consent application under the RMA should be on the appropriate use of the herbicides and not whether or not those herbicides should be used at all. In other words, it should concern the potential adverse effects on the environment arising from the use of the herbicides in the particular aquatic environment.

10.2 NZEPA The herbicides registered for use in water in New Zealand have been extensively evaluated by the USEPA and the NZEPA. The research required for registration in the USA is thorough and costs hundreds of millions. The purpose of registration by the NZEPA is to confirm the appropriateness of the herbicide for use in New Zealand and to review its safety for people and the New Zealand environment. Controls are imposed by NZEPA to ensure this is so. It is a very detailed process under the HSNO Act. It is unnecessary for resource consent procedures to revisit the NZEPA decisions and to go through the same process each time a resource consent for the use of aquatic herbicides is applied for. As previously noted; diquat is registered for use in New Zealand waters for the purpose of controlling submerged aquatic plants; and furthermore, diquat is currently used for the purposes of aquatic pest plant control in the Bay of Plenty21.

20 RM140869, TDC Spraying Decision 21 Wells, R (NIWA), July 2016



11.0 Consultation

Consultation with tangata whenua in relation to the proposal forms an important part of the resource consent process; hence the consultation undertaken to date by the applicant, primarily through the Te Arawa Lakes Trust and the Aquatic Pest Coordination Group meetings, which are held on a regular basis.

Aquatic Pest Coordination Group meetings are attended by a number of key stakeholders, including LINZ, BOPRC, Department of Conservation, Fish and Game, Rotorua Lakes Council, and Te Arawa Lakes Trust.

It has been confirmed through consultation with Te Arawa Lakes Trust and Jo Butterworth (Rotokakahi Board of Control) that Lakes Rotokakahi and Ōkaro can be included within the scope of this resource consent application.

The request by the applicant for the public notification of this application reflects the importance of public participation in the resource consent process.

The applicant has and will continue to consult with key stakeholders, including tangata whenua in relation to the proposal.



12.0 Notification

Given the receiving environment and the wide range of vested interests in the Rotorua Lakes, including those interests held by tangata whenua, it is requested that the application be processed on a publicly notified basis pursuant to Section 95A(3)(a) of the RMA, which will ensure a robust resource consent process.



13.0 Conclusion

In considering the application against the relevant matters under Section 104 and 107 of the RMA it is concluded that the actual or potential adverse effects on the environment will be no more than minor and the proposal is in accordance with the relevant resource management objectives and policies and Part II of the RMA.

On this basis resource consent can be granted subject to appropriate conditions.

Appendix 1: Application Form LINZ and BOPRC – Controlling Nuisance Aquatic Weeds in the Rotorua Lakes | Application for Resource Consent and Assessment of Environmental

Effects

Appendix 1: Application Form

A1845726 Industrial Discharges to Land and/or Water (including stormwater) Page 1 of 18

Application for a Resource Consent – Resource Management Act 1991 (s.88)

4B Industrial Discharges to Land and/or Water (including stormwater)

Before you make an application it is recommended that you talk or meet with a Consents Officer to discuss it. A Consents Officer may also be able to undertake a site visit to provide further advice noting that a pre-application service charge may apply.

If you would like to arrange this, please phone 0800 884 880.

If you are applying for more than one activity and you have already completed the basic details in Part 1 on another form, go straight to Part 2 of this form.

See notes to Applicant (last pages of form) before proceeding with application form.

Discharge activities are subject to rules in the Regional Water and Land Plan. This plan can be found on our website at http://www.boprc.govt.nz/knoweldge -centre/plans/.

Reviewing and understanding the rules and assessment criteria applicable to your activity will assist you with preparation of your assessment of environmental effects.

Which rules of the above plan(s) are applicable for your activity?

DW R8 (Rule 37) (NRP); Rule 15.8.4(m) (TRCP)

What is the activity status of your consent application?

Controlled Restricted Discretionary Discretionary

If you need assistance determining which rules and activity statuses are applicable for your activity please call 0800 884 880 and ask to speak to a consents officer for guidance.

File ref:

SEEN SEEN

Office Use Only

http://www.boprc.govt.nz/knoweldge%20-centre/plans/


Under Section 88 of the Resource Management Act 1991, the undersigned makes this application for resource consent(s).

PART 1

1 Full name of applicant(s) (the name that will be on the consent)

Surname: ..........................................................................................................................

First names: ..........................................................................................................................

OR

If the application is being made on behalf of a trust, the Trustees must be named.

Trust name: ..........................................................................................................................

Trustees’ name: .....................................................................................................................

OR

Company name: Land Information New Zealand / Bay of Plenty Regional Council

Contact person: David Mole

Postal address: PO Box 5501, Wellington 6145

Telephone (please tick preferred contact number)

Residential (0 ) ...................................... Business (04) 460 0110

Cell (0 ) ......................................

Facsimile ......................................

Email [email protected]

2 Details of consultant (or other person authorised to make application on behalf of applicant)

Company name: Boffa Miskell Limited

Contact person: Matt Allott

Postal address: PO Box 13373, Tauranga 3141



Telephone (please tick preferred contact number)

Residential (0 ) ...................................... Business (07) 571 5511

Cell (027) 4233604

Facsimile ......................................

Email [email protected]

All correspondence, including invoices for charges, relating to this application(s) should be sent to:

Applicant Consultant

3 Name and address of owner/occupier (of the site relating to application)

Owner: Refer to attached AEE

Postal address: .....................................................................................................................

.....................................................................................................................

.....................................................................................................................

Residential (0 ) ...................................... Business (0 ) ........................................

Occupier: .....................................................................................................................

Postal address: .....................................................................................................................

.....................................................................................................................

.....................................................................................................................

Residential (0 ) ...................................... Business (0 ) ........................................

Please note: If the applicant is not the owner of the land to which the activity relates, then it is good practice to submit the application with written approval from the landowner.

4 Consent(s) being applied for from Bay of Plenty Regional Council

(a) You will need to fill in a separate form for each of the activities you propose to undertake. You may also need consent for one or more of the following.

Land Use

Form 1A Culverts, Bridges, Fords, Erosion Protection, Pipes and Associated Works

Form 1B Disturbance In or Around a Water Body (e.g. diversion, dredging, wetland disturbance, grave extraction)

Form 1C Lake Structures (new and existing) Form 2A Land Disturbing Activities (e.g. earthworks and quarrying) Form 2B Land Disturbing Activities (forest harvesting/vegetation clearance)



Discharge (including coastal)

Form 3A Onsite Effluent Discharge Form 3B Discharge Farm Dairy Effluent Form 3C Land Use Activities in the Catchments of Lake Ōkāreka, Rotoehu,

Ōkaro, Rotorua and Rotoiti Form 4A Discharge Stormwater to Water and/or Land from Urban Residential,

Rural Form 4B Industrial Discharges to Water or Land (including stormwater) Form 4C Discharge Contaminants to Air

Water (including coastal)

Form 5A Water Permit Application (s.14) – Take Surface Water (includes intake structure (s.13))

Form 5B Water Permit Application (s.14) – Take Groundwater Form 5C Dam Water Form 5D Divert Water Form 6A Geothermal Take and Discharge – Domestic and Light

Commercial/Industrial

Coastal (see point 4 of Notes to Applicant for explanation of the Coastal Marine Area)

Form 7A Application for Consent for Coastal Structures (including associated occupation and disturbance)

Form 7B Application to Disturb Coastal Marine Area (no structure)

(b) In which district is the activity located?

Whakatāne District Ōpōtiki District Rotorua District Kawerau District Western Bay of Plenty District Tauranga District Taupō District

(c) Is this application to replace an existing or expired consent(s)? Yes No

If Yes, please state the consent number(s)

Consent Number 62641

(d) Please specify the duration sought for your consent(s).

35 years months

Start date 31/1/2018

Completion date (if applicable) 31/1/2053


(e) Do you also require resource consent(s) from a district council? Yes No

Type of consent required ................................................................................................

Has it been applied for? Yes No

Has it been granted? (If Yes, please attach) Yes No

5 Location description of activity

Site address: Refer to attached AEE

Legal description (legal description can be obtained from your Certificate of Title, valuation notice, or rate demand)

Refer to attached AEE

Map reference NZTM, (if known) ..............................................................................................

PART 2

1 Description of activity

(a) Where are industrial discharges sourced from? (tick all that apply)

Sewage treatment plant, servicing (please specify) ...............................................

Industrial premises/processes (including stormwater) (please specify) ..................

..............................................................................................................................

Water treatment .....................................................................................................

Other (please specify): Refer to attached AEE

2 Process details

(a) Please supply a detailed flow chart and description of the process that either results in a discharge to water or land, or could potentially result in a discharge to water or land. Describe what raw materials by-products and final products will be generated during the transformation process (use additional sheets as required).


(b) How often does the operation run during the day and year? (hours/day and days/year)


3 Site plan Refer to attached AEE

On a separate piece of good quality A4 (minimum) paper, please provide a site plan showing location of the activity, site layout, and receiving environment in relation to property boundaries. The receiving environment should clearly show the immediate areas where the

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See Appendix 2 -

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Target Lakes Location Plan

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discharge runs off your site, and the wider areas that could be affected by discharges (including stormwater) from your site, including open drains, streams, rivers, and the harbour.

Please include any architectural/surveyor’s plans showing all buildings, developments, and a comprehensive site drainage plan (including any privately-installed drainage, and all Council drains), with soakpits, catchpits, interceptors, tanks, sumps, and filters that are currently on site.

If you do not have access to mapping software, we recommend you use the regional mapping system available on our website (www.boprc.govt.nz keywords ‘regional mapping’). The mapping system includes property boundary and contour layers, and allows you to carry out a property search, and view and/or print topographic maps or aerial photography.

4 Receiving environment Refer to attached AEE

Please fill out the receiving environment information for either (a) surface water, or (b) land soakage.

(a) Surface water body (stream, pond, drain, wetland, etc.) or land where it may enter water.

Name(s) of water body(ies) .............................................................................................

.......................................................................................................................................

Sensitivity of water body .................................................................................................

.......................................................................................................................................

Is the discharge:

Diffuse (discharge that does not occur at a specific, identifiable point).

In or to the Coastal Marine Area. Point source (discharge at one location through outlet such as a pipe or channel).

To a reticulated stormwater network.

If discharge is point source, please describe erosion protection provided at the discharge point (attach design drawings or photographs in support) and relevant hydrological calculations..

.......................................................................................................................................

.......................................................................................................................................

Are there any other significant features/activities close to the proposed discharge? For example, food gathering activities, areas of cultural significance, water abstraction activities, significant native habitats, etc.

.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................

http://www.boprc.govt.nz/


.......................................................................................................................................

(b) Land soakage

Name of area where land soakage will occur ..................................................................

.......................................................................................................................................

Sensitivity of land ............................................................................................................

.......................................................................................................................................

Is the discharge:

Diffuse (discharge that does not occur at a specific, identifiable point).

In the Coastal Margin (0-40 m from the Coastal Marine Area). Point source (discharge at one location through outlet such as a pipe or channel).

If Yes, please describe erosion protection provided at the discharge point (attach design drawings or photographs in support).

.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................

What is the soil type of the area where land soakage will occur? ....................................

What is the drainage of the area where land soakage will occur? ...................................

.......................................................................................................................................

What is the distance to groundwater at the point of discharge?

5 Assessment of Environmental Effects (AEE) Refer to attached AEE

NB: Where your discharge could have a significant adverse effect on the environment, a more detailed environmental assessment is required in accordance with the Fourth Schedule of the Resource Management Act 1991.

(a) The AEE shall include, but not be limited to:

• The rate of discharge and hydrological effects

• Source control

• Treatment

• Environmental Management Plan (EMP)

• Alternatives

• Maintenance

• Contingency

• Monitoring


• Other mitigation

(b) Any other effects relevant to the application.

If your company has an Environmental Management Plan, please submit with your application. If you would like to put one together, check our Environmental Management Plan Checklist on our website (www.boprc.govt.nz).

6 Cultural Effects

Please provide an assessment of the cultural effects associated with the activities you propose.

The Regional Council’s Regional Policy Statement is clear that only tangata whenua can identify their relationship with an area. It is good practice to consult with tangata whenua in relation to your application so that you can provide the correct information to answer this question.

The Regional Council can provide a list of tangata whenua who have registered an interest in the site of your activity so that you can undertake the assessment. We can also provide other information e.g. access to iwi and hapū management plans, details about identified archaeological sites and details of any Statutory Acknowledgements relevant to the site. Please contact the Consents Team on 0800 884 880 to get more information.

7 Persons likely to be affected

Affected persons may include neighbouring land owners and occupiers, and/or organisations such as the Department of Conservation, Land Information New Zealand (LINZ), Eastern Region Fish and Game Council, relevant iwi and hapū and community groups.

If you do not think there will be affected persons, you do not need to fill out this section; however, the Bay of Plenty Regional Council will make the final assessment of whether a person is affected by your proposal, and it is recommended as best practice to consult with those persons.

In order for your application to be considered for non-notification you must gain written approval from all persons who may be affected by the proposal. The Bay of Plenty Regional Council can help you identify people/organisations that are likely to be affected, and the form ‘Affected Person’s Written Approval’, which can be filled out by the affected person and attached to this application, can be found at www.boprc.govt.nz keywords ‘resource consent forms’.

Please provide details below of those you have identified as persons who may be affected. If you have discussed your proposal with any of these persons, please record any comments made by them and your response to them, and submit this with your application.

Name .......................................................................................................................................

Address ...................................................................................................................................

................................................................................................................................................

.............................................................................. Written approval supplied (attached).

Name .......................................................................................................................................




Address ...................................................................................................................................

................................................................................................................................................


Name .......................................................................................................................................

Address ...................................................................................................................................

................................................................................................................................................


Name .......................................................................................................................................

Address ...................................................................................................................................

................................................................................................................................................


[Continue on a separate sheet if necessary]

8 Extending timeframes

The Resource Management Act 1991 (RMA) specifies timeframes for processing resource consent applications (e.g. 20 working days for a non-notified application); however these timeframes can be extended, if necessary, with the Applicant’s agreement.

Do you agree to the Bay of Plenty Regional Council extending RMA consent processing timeframes?

Yes, provided that I can continue to exercise my existing consent until processing of this application is completed (renewal application only).

Yes, provided that the extension is for the specific purpose of discussing and trying to agree on consent conditions.

Yes, provided that the application process is completed before ............ / ............ / ..........

No.

9 Deposit fee

A deposit fee of $774.00, inclusive of GST, is payable with this application. This may be paid online, by cheque, or by eftpos at one the Regional Council’s reception desks.

• Bay of Plenty Regional Council’s bank account number is 06 0489 0094734 00. Pleaseuse the Applicant’s name as the reference. A GST invoice marked “PAID” will beissued on receipt of payment.

• An application will not be accepted as a complete application until the deposit fee hasbeen paid. Please note: while we are happy to hold the forms in the meantime, theprocessing time will not start until payment is received.


• Additional charges are usually incurred, and will vary depending on the resource weuse in the course of processing your application (e.g. staff time). Staff can give anestimate of expected costs. Please see the schedule of fees attached.

Checklist

If you have dealt with a staff member regarding your consent application, please provide their name here: Marlene Bosch

The following information must be included in your application to ensure it is accepted.

Complete all details in this application form. Include an Assessment of Effects of the activity, as set out in Schedule 4, summarised at the

back of this form. Assessment of cultural impacts (refer to Section 8 of this form). Supply written approval from all affected parties, if any, and/or summary of consultation

carried out. Include a site plan. Sign and date the application form. Pay the required deposit.

Include any other information you think relevant (e.g. Certificate of Title, details from the Companies Register, etc.)

If your application is a large application, please submit an electric version on CD, and one hard copy.

Please be aware any unchecked boxes may result in your application being returned under s.88.

Information privacy issues

The information you provide in this application is regarded as official information. It is required under the provisions of the Resource Management Act 1991 to process this application, and to assist in the management of the region’s natural and physical resources.

The information will be held by Bay of Plenty Regional Council, Quay Street, Whakatāne. This information is subject to the provisions of the Local Government Official Information and Meetings Act 1987, and the Privacy Act 1993. The information you provide in this application will generally be available to the public. If there is any information that you would like to remain confidential please contact a consents officer to discuss.

Failure to provide this information will mean that Bay of Plenty Regional Council will be unable to process your application.

1 I confirm that I have authority to sign on behalf of the party/ies named as the applicants for this consent.

2 I have read, and understand, all of the information contained on this application form, including the requirement to pay additional costs that will be itemised.


3 I confirm that all the information provided is true and correct and understand that any inaccurate information provided could result in my resource consent later being cancelled.

Signature: Date: 23/11/2017

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IMPORTANT NOTE TO THE APPLICANT

PLEASE READ THIS BEFORE PROCEEDING WITH THE APPLICATION FORM

If you are unsure whether you require a resource consent for your proposed activity, or you have any other queries, please contact a consents officer at Bay of Plenty Regional Council on 0800 884 880.

IMPORTANT INFORMATION

1 Processing of the application by Bay of Plenty Regional Council will not begin until the deposit fee of $774.00 (including GST) is paid, unless prior arrangement has been made. If, at the end of the processing of the application, the actual cost exceeds the deposit, you will be invoiced for the balance.

2 You may also be required to pay a resource management charge associated with holding a consent. The Water Administration Team will be able to provide you with more details. All charges are in accordance with Section 36 of the Resource Management Act 1991. All accounts are payable by the 20th of the month following date of invoice. Where costs are incurred that exceed $2,000 above the deposit, or at the end of every quarter, you may be requested to pay an additional amount by way of interim payment against the final total costs.

3 The Coastal Marine Area is the area from the outer limit of the territorial sea (12 nautical miles) to the line of mean high-water springs. For activities at river mouths, please contact a consents officer at Bay of Plenty Regional Council for clarification.

4 Section 42 of the Resource Management Act 1991 allows the protection of sensitive information. Therefore, if your application includes trade secrets and/or commercially and culturally sensitive material, please advise Bay of Plenty Regional Council.

5 Schedule 4 of the Resource Management Act 1991 (summarised at the back of this form) sets out the information you must provide with your consent application, including an Assessment of Environmental Effects (AEE). An AEE must be prepared in accordance with Schedule 4 of the Resource Management Act 1991. To assist in the preparation of the assessment, a summary of the key requirements of Schedule 4 follows this information sheet. Failure to provide the correct information will result in delays in the processing of your application.

6 Bay of Plenty Regional Council may decide not to proceed with the application until applications for further resource consents are made (Section 91). It is, therefore, important to identify every consent required for the proposal at the outset.

7 Bay of Plenty Regional Council may request the Applicant, by written notice, to provide further information if required (section 92). If this occurs, the application will be put on hold, and the processing timeframes stopped. Processing will not recommence until the information is received.

8 An application does not need to be publicly notified if the environmental effects are minor, and if written approval has been obtained from everyone who is adversely affected by the granting of the consent (Sections 95D and 95B respectively). Bay of Plenty Regional Council has forms available to obtain approvals.

9 Under Section 128(1)(c) of the Resource Management Act 1991, Bay of Plenty Regional Council may undertake a review of any consent at any time if the application contains any inaccuracies that materially influence the decision made.


How to prepare and Assessment of Effects on the Environment

As outlined in Schedule 4, Section 88(2)(b) of the Resource Management Act 1991

Summary of the key points of Schedule 4

You need to include enough information in your Assessment of Environmental Effects (AEE) so that the Regional Council can evaluate your proposal. The amount of information should correspond to the scale and significance of the environmental effects that may be generated by your proposal.

Your AEE needs to include:

• A full description of the proposal, including the site and locality (including a site plan andplans of your proposal).

• A description of the environmental effects, including the significance and nature of the effects(address specific environmental effects that you have identified, as well as referring to issuesidentified in the District and/or Regional Plan).

• A description of alternatives to avoid, remedy or mitigate any significant environmentaleffects.

• An assessment of any risks to the environment that may arise from hazardous substances,and/or the discharge of contaminants.

• A record of any consultation, including names and views of people with whom you talked.

• A discussion of any effects that may need to be controlled or monitored, how the control ormonitoring will be carried out, and by whom.

You should also refer to Schedule 4 of the Resource Management Act 1991. This sets out matters that should be included and considered when preparing an AEE.

For more complex applications, you may need to get specialist advice. There are a number of professionals who assist in preparing AEEs, such as engineers and resource management consultants. Council staff may be able to tell you if you need specialist advice.

It is NOT adequate to state in your AEE that there are NO environmental effects.

It is important that you provide the Council with a well-prepared AEE; otherwise, the Council may:

• not accept your application,

• turn down your application,

• impose a lot of conditions on your resource consent,

• ask you for more information, delaying the time taken to process your application, or

• commission someone else to review your application at a cost to you.

For more detailed information see the Ministry for the Environment’s Good Practice Guide on How to Prepare an AEE, and have

a look at its brochure on making resource consent applications, at www.mfe.govt.nz/publications/rma

http://www.mfe.govt.nz/publications/rma


Bay of Plenty Regional Council Section 36 Resource Management Act 1991

Charges Policy 2014-2015

Table 1: Consent application fees

General Application Fee (GST inclusive) Note: this is a deposit and other fees incurred will be recovered on an actual and reasonable basis.

• Resource Consent applications (except those specified below as fixed charges).• Certificates of Compliance (excluding Onsite Effluent Treatment).• Changes or cancellation of conditions of consents.• Review of consent conditions.• Transfer of consent to another site or another person at another site.• Lapsing period extensions.

$774

• Publicly Notified Applications. $10,000

Other application fees (GST inclusive) Note: these are fixed charges with no additional costs payable.

Certificates of compliance – Onsite Effluent Treatment Regional Plan. $50

Land use consent to construct a single geotechnical, freshwater bore or domestic geothermal bore. $390

Applications for activities listed in regional plans that have zero fee.1 $0

Transfer of consent to another person at the same site. $90

Short term consent for five years or less for onsite effluent treatment systems in future reticulation zones. $390

Application to reduce the allocated volume/rate in a water take consent. $0

Applications for existing and previously consented structures on the Rotorua Lakes where the structure/s will remain unchanged, are not for commercial use and where the application follows a non-notified consent process.

$390

Notes A. Where fees are deposits only, the applicants will be charged all actual and reasonable costs above the deposit fee.

Such costs may include, but not be limited to, staff time (see Schedule A), advertising, hearing costs (including costs of Committee members, Commissioners, Technical Appointees and the Minister of Conservation’s representative), disbursements, and costs of consultants.

B. Where an application is withdrawn, the fixed fee of $500 will be retained and any actual and reasonable costs incurred will also be charged.

C. Where costs are incurred that exceed $2,000 above the deposit, or at the end of every quarter, the applicant may be requested to pay an additional amount by way of an interim payment against the final total costs.

D. In accordance with Section 36(7), the processing of any application may be suspended until any relevant charge is paid in full.

E. Where the deposit fee exceeds the processing costs by $25 or more, the difference will be refunded to the applicant. F. Notwithstanding the above fee structure, the Consents Manager may require an appropriate application deposit fee

for complex, multi-consent projects, or limited notified applications, up to a maximum of $10,000 (GST inclusive). G. Costs for Hearing Committee members and Commissioners will be recovered from applicants at their set charge- out

rate. Disbursements will be charged at actual and reasonable cost. H. The deposit fee for a Review of Consent Conditions is payable by the 20th of the month following service of notice by

Council. I. All charges apply from 1 July 2014.

1 At the time of writing, this includes some bore permits under the Rotorua Geothermal Regional Plan (Rule 19.6.3(d)), and some wetland works under the Regional Water and Land Plan (Rule 80 and Method 261).


Schedule A – Hourly fixed charges for staff and consultants (GST exclusive)

Grouping Positions Hourly Charge

Administration

Planning Administration Officer Water Administration Officer

Pollution Prevention Administration Officer Environmental Data Assistant

Committee Administration Officer

$77

Officers/Planners

Planner Pollution Prevention Officer

Consents Officer Maritime Officer

$95

Senior Officers/Senior Planners Senior Consents Officer

Senior Pollution Prevention Officer Senior Planner

$110

Engineer/Scientist/Project Officers Environmental Engineer Environmental Scientist

Project Implementation Officer $114

Team Leader/Senior Project Officers/Works Engineer

Consents Team Leader Pollution Prevention Team Leader Laboratory Services Team Leader

Works Engineer Senior Project Implementation Officer

$121

Senior Engineer/Senior Scientist/Harbourmaster

Harbourmaster Senior Environmental Scientist Principal Technical Engineer

$126

Managers/Regional Harbourmaster

Regional Harbourmaster Consents Manager

Data Services Manager Regional Integrated Planning Manager

Natural Resources Policy Manager Science Manager

Pollution Prevention Manager Engineering Manager

$162

Consultants External Consent Processing or Specialist Technical Consultant As charged by consultant

Note: Some positions may not be listed. In such cases the charge will be calculated from actual time (including travel time) charged at rates determined from annual salary plus on-cost.

The full Section 36 Charges Policy is available at http://www.boprc.govt.nz/knowledge-centre/policies/section-36-charges-policy/

http://www.boprc.govt.nz/knowledge-centre/policies/section-36-charges-policy/

Appendix 2: Plans (Target Lakes Location Plan; Existing Water Take Consents Plan; Iwi Boundaries in relation to Rotorua Lakes Plan) LINZ and BOPRC – Controlling Nuisance Aquatic Weeds in the Rotorua Lakes | Application for Resource Consent and Assessment of Environmental

Effects

Appendix 2: Plans (Target Lakes Location Plan; Existing Water Take Consents Plan; Iwi

Boundaries in relation to Rotorua Lakes Plan)

Appendix 3: NIWA Comments LINZ and BOPRC – Controlling Nuisance Aquatic Weeds in the Rotorua Lakes | Application for Resource Consent and Assessment of Environmental

Effects

Appendix 3: NIWA Comments

Diquat Summary – Use & Safety Dr John Clayton and Rohan Wells, NIWA, Hamilton What is Diquat? • Diquat is the active ingredient in Reglone®, it is a herbicide that has been used in New Zealand for nearly 60 years for both agricultural operations and lake-weed control. • Reglone® (trade name) is a herbicide registered for use in New Zealand water bodies and contains 20% diquat dibromide (diquat salt). The label refers to the dibromide salt of diquat as the active ingredient and is used in calculating application rates. But note, most published toxicity data refers to the diquat ion which is 10.7% of Reglone® (so is nearly twice as toxic as the dibromide salt per given weight). In this fact sheet, so direct comparisons can be made, when we use the word diquat we are referring to diquat dibromide. How does it work? • Diquat is a selective herbicide that controls most unwanted target weed species in freshwaters (e.g. elodea, egeria, lagarosiphon and hornwort). Key native plant species are not affected (e.g. Chara and Nitella species) by diquat. • When diquat comes into contact with the green parts of nuisance aquatic weeds (leaves and stems) it is rapidly absorbed producing peroxide that acts like a bleach desiccating plant tissue and disrupting cell membranes. Diquat affects the tissue it comes in contact with, and is not moved around within the plant, so roots are not killed. • Diquat is rapidly diluted when added to water and is rapidly deactivated by adsorption onto inorganic and organic compounds in the water and sediments. This is why diquat is not always effective on nuisance weeds when the water is turbid, or the plants are covered with silt or an algal coating. How is it applied? • Diquat in the 20% active ingredient formulation Reglone® can be applied from the air, by boat (either delivered onto the surface or injected beneath the surface by trailing hoses from the boom of the boat), or by hand gun. Choice of application method depends on several factors such as the state of the nuisance weed beds, the extent of the area to be treated, and the logistics of the operation. • Reglone® can be applied as a liquid, but a gelling agent is often added when targeting submerged weed beds to give more effective placement. The gel penetrates the thermal layers in the water and causing the diquat to sink to the weed beds rather than being carried off target by water movement. The gelling agent commonly used in New Zealand is guar gum, a common food thickener (such as in thick shakes) extracted from guar beans. • Reglone® application rate is 30 litres of product to 1 hectare. That gives a concentration of 1 mg/L (or 1ppm) diquat in a water depth of 0.3 m. How toxic is Diquat? • Diquat is very toxic in its concentrated form, but is diluted 100,000 times or more when used in water bodies to achieve herbicidal rates (around 1 mg/L) for controlling aquatic weeds. • Relative toxicities can be compared using LD50 data, which is the dose of active ingredient required to kill (lethal dose) 50% of test animals. The toxicity of various commonly used substances is compared in the following table. Note: the lower the LD50 the more toxic the substance.

• Chronic toxicity studies (i.e. long-term exposure) on sheep and calves given diquat treated water at 20 ppm (20 times rate used to kill aquatic weeds) as their only source of water for 8 months showed no observable toxic symptoms. Similarly, farm animals fed diets containing 100 mg/kg for 1 month showed no observable effects and no significant diquat residues in meat or milk. • A comparison of diquat treated water to other well known substances in everyday use shows a much higher amount of diquat (14,980L) is required to achieve a toxic effect on test organisms particularly in comparison with caffeine (49 cups) or nicotine (58 cigarettes), or one cup of salt. Diquat and swimming? • A relevant comparison can be made with chlorine. Chlorine in water is more than four times more toxic than diquat, and is used at similar rates in swimming pools as diquat is in lakes for weed control. • Reglone® is applied to the surface of weed infested waters at a rate of 30 litres/ha. The concentration used to kill target weeds in water is 1 mg/L of diquat dibromide salt once mixed through 0.3 m depth of treated water. Normally the depth of water containing treated submerged weeds will be several metres deep, so the concentration of active ingredient rapidly declines to well below these levels. • The safety margin of diquat means that regulations in the USA allow swimming after treatment with no stand down period. The ‘No Adverse Observed Effect Level’ (NOAEL) is determined in a range of mammals. It is the smallest amount of active ingredient found to have any form of measurable effect and then a safety factor of 100 times is applied to determine a safe permissible level. The calculations are based on dose calculations for a 6 year old swimming 3 hours daily (for all of life) in diquat treated. • In New Zealand there is a 24-hour post-treatment with-holding period for swimming. This is a further safety precaution. Such a precautionary restriction can be misinterpreted and heighten public perception of risk without foundation.

• The 1% of NOAEL determination, means any human (child included) could safely drink 250 mls/day of diquat treated water (shortly after application) every day for life. The U.S. drinking water standard is 0.015 mg/L (15 ppb) diquat dibromide. What about ecological effects? • Diquat is considered non-toxic to fish at rates required to kill aquatic weeds. Trout are among the most sensitive fish species known. For adult trout the LC50 (96 hrs exposure) is 20 mg/L. For most other fish diquat must exceed 20 mg/L for lengthy periods for mortality. A study was carried out on caged short-finned eels located in the Avon River (Christchurch) where diquat treatment occurred. Following 3-weeks, a series of physiological response biomarkers were measured and compared to eels upstream from the treatments. No effects of diquat treatment could be detected. • The most sensitive known aquatic organisms to diquat are amphipods (minute crustaceans <5mm long), which have an LC50 (96 hrs) of 0.05 mg/L. However, a 96 hour exposure time can be misleading compared to the very short half-life of diquat in water and the dose (concentration and exposure times) that these organisms would realistically receive in a real scenario. • The concentration of diquat rapidly declines after application as a result of dispersion, plant uptake and adsorption to organic and inorganic (negatively charged) particles. When applied to weed beds in an open waterbody the concentration of diquat often falls below detection limits within 1 hour or so of being applied. Adsorbed diquat has no residual toxicity, is not biologically active, and is degraded slowly by microbial organisms. • Diquat treatment of weed beds has been practiced in several of the Rotorua Lakes for around 60 years, being first used in 1960. Several biological and ecological studies have found no detrimental changes in the resident fisheries or benthic organisms attributable to diquat toxicity. Sediment samples analysed from these lakes for potential accumulation of diquat residues found no measurable traces. • In view of the rapid dispersion, adsorption and resulting exponential loss of diquat that occurs following application, undesirable toxic impacts are not expected and there is no evidence of food chain accumulation from repeated use of diquat. What about deoxygenation? • There can be a deo-oxygenation hazard to aquatic life where large quantities of vegetation decay rapidly. All aquatic organisms require oxygen for life. Decomposition of weeds treated with diquat uses oxygen from the water during the decay process. The most important factors affecting dissolved oxygen depletion are the amount of biomass of decaying weed, the rate of decay, and the re-aeration rate. These are affected by the amount of open water, the degree of water movement and the water temperature. In warm water the oxygen saturation capacity is less and decay rates are more rapid causing greater de-oxygenation than when water is cool. • To minimise deleterious impacts associated with de-oxygenation, dense weed beds can be treated during spring or autumn months if large quantities of weed are expected to decay. Summer treatment is acceptable where applications are small relative to water volume. • Absence or lack of weed control can often lead to excessive weed cover that can detrimentally impact on the quality of water and associated aquatic life. Studies of weed choked drains and dense weed beds in lakes have shown dissolved oxygen levels can become lower than that required to support aquatic animals. Targeting of nuisance levels of weed species can be an acceptable and even desirable practice that can have both utility and ecosystem benefits. In a wide range of situations, we have monitored oxygen levels following weed bed treatments and, as yet, have not recorded low levels that threaten fish life.

What about nutrient release? • Decaying weed releases nutrients. In a glass tank weeds take up nutrients from the water and release them to the water when they decay, but when sediment is present with nutrient absorbing capacity, the sediment takes up some or all of the nutrients when plants decay, depending on prevailing conditions such as anoxia and pH.

• There are reports in the literature of herbicide use causing a rapid release of nutrients to water followed by algal blooms in warm situations where weed beds occupied a high proportion of the total water volume. However, in most situations the quantities of nutrients within macrophytes are insignificant compared with

the quantities of nutrient present in the water of a lake and they are also insignificant compared with the nutrients stored in the sediments.

•Untreated macrophyte beds in situations of high densities in relation to volume of water body, often cause anoxia and / or pH levels in excess of pH10; both conditions can cause a large rapid release of nutrients from lake sediments and algal blooms. Algal blooms ultimately settle out and the nutrients enrich the sediments. Herbicide treated macrophyte beds can also cause anoxia and this can lead to sediment nutrient release to overlying waters.

• Herbicide treatment of dense weed beds (leading to rapid decay) has been monitored in New Zealand for nutrient release, but to date a significant nutrients release has not been recorded.

Appendix 4: Existing Resource Consent (62641) LINZ and BOPRC – Controlling Nuisance Aquatic Weeds in the Rotorua Lakes | Application for Resource Consent and Assessment of Environmental

Effects

Appendix 4: Existing Resource Consent (62641)

Appendix 5: Proposed Consent Conditions LINZ and BOPRC – Controlling Nuisance Aquatic Weeds in the Rotorua Lakes | Application for Resource Consent and Assessment of Environmental

Effects

Appendix 5: Proposed Consent Conditions

Definitions

Agrichemical: For the purposes of the conditions of this consent the “agrichemical” is diquat dibromide. This consent applies to all current and future trade/product names of diquat dibromide approved for use in New Zealand under the Hazardous Substances and New Organisms Act (HSNO).

Location

1. The agrichemical is permitted for use in the waterbodies of the following Rotorua Lakes:

a. Lake Ōkāreka

b. Lake Ōkaro

c. Lake Ōkataina

d. Lake Rerewhakaaitu

e. Lake Rotoehu

f. Lake Rotoiti

g. Lake Rotokakahi (for incursions only as directed by iwi owners)

h. Lake Rotomā

i. Lake Rotomahana

j. Lake Rotorua

k. Lake Tarawera

l. Lake Tikitapu

Label Conditions

2. The agrichemical shall not be discharged in a manner that contravenes any requirement specified on the product label.

3. The agrichemical shall not be discharged in a manner that contravenes any controls under Section 75 and 76 of the Hazardous Substances and New Organisms Act (HSNO).

Protection of Water Supplies

4. The consent holder shall take steps to ensure that water supplies are not contaminated through the exercise of this permit.

5. The consent holder shall ensure the exact locations of all public, community or private surface water supplies that may become contaminated by the agrichemical discharge are identified prior to spraying, and the consent holders are notified.

6. If any water supplies become contaminated through the exercise of this consent, the consent holder shall provide a temporary alternative supply if requested to do so by Chief Executive of the Bay of Plenty Regional Council or delegate.

Notification and Timing

To ensure that the community is aware of spray operations and to avoid potential impacts on water takes, the following notification procedures are proposed:

7. The consent holder shall erect information signs when spraying the agrichemical in publicly accessible areas. Signs shall be capable of being read from a distance of at least five metres.

8. The consent holder shall, no less than 7 days prior to any application of the agrichemical, advertise the intent to spray via appropriate radio station(s), detailing the date, location and time of the proposed spraying.

9. The permitholder shall place notices in the Rotorua Daily Post, 7 days prior to application of the agrichemical, detailing the date, location and time of the proposed spraying.

10. The notices, pursuant to conditions 7, 8, and 9 shall detail the type of agrichemical sprayed and the restriction on the use of the waterways or water supplies.

11. The discharge of the agrichemical, including any withholding period, if applicable, shall not occur on weekends, or during public holidays including the following periods:

a) 1st October;

b) 20th December – 10th January inclusive

c) Auckland Anniversary Weekend

d) Waitangi Day

e) Between Good Friday and Easter Monday inclusive

12. The person discharging the agrichemical should immediately notify Bay of Plenty Regional Council in the event of any accidental or unintended discharge of agrichemical to air, land or water.

Operational Safety

To ensure that the discharge is undertaken in a safe and effective manner, and to minimise the risk of chemical spill, the following conditions are proposed:

13. The discharge shall be undertaken in such a way that no significant adverse effect of off-target drift shall occur beyond the area being sprayed. For avoidance of doubt, application of the agrichemical will be done by hand, diver and/or boat or helicopter with specially adapted boom.

14. Where the agrichemical is being applied to vegetation on the bed of water bodies:

a. the application and consequent breakdown of vegetation shall not result in the contamination of domestic or commercial water supplies, or the death of fauna.

b. Where agrichemicals are applied directly to flowing water, any downstream water take within 200m of the point of discharge must be notified between 12 hours and three weeks prior to commencement of the discharge.

15. In regards to employees, contractor’s and contractor’s employees undertaking spray work:

a. Every person undertaking the application of the agrichemical shall have a qualification certified in writing that meets the relevant performance requirements of the Regional Water and Land Plan, or be under the direct supervision of a person who meets those requirements, or

b. Every contractor or contractor employee undertaking the application of the agrichemical over water shall hold or be under the onsite supervision of a person who holds a current National Certificate in Agrichemical Application, a GROWSAFE® Registered Chemical Applicators Certificate or a qualification that meets the performance requirements for contractors and contractor employees in the relevant performance standards of the Regional Water and Land Plan.

16. When carrying out the discharge of a herbicide, the operator shall adhere to the requirements set out in the New Zealand Standard 8409:2004, Management of Agrichemicals.

17. The operator shall ensure that the filling of tanks when diluting concentrated herbicides is carried out in a manner that prevents back-flow. The filling procedures and back-flow prevention devices and methods shall comply with the Water Supplies Protection Regulations 1961.

18. A copy of the resource consent shall be given to all persons undertaking activities authorised by the consent prior to commencing works.

Annual Spray Programme

19. The Consent Holder shall prepare two separate operational plans; one for the first half of the annual spray (control works) programme by 15 November each year, and one for the second half of the annual spray (control works) programme by 15 April each year. The Consent Holder shall present the operational plans to the ‘’Aquatic Pest Coordination Group’’ (specified in Condition 20). The operational plans will also be available for other stakeholders on request. The operational plans will include:

a. Maps of the Rotorua lakes showing priority areas for control;

b. Description of the current weed extent;

c. Description of timing and spray logistics (e.g. days required, method of application for each lake);

d. Percentage lake areas targeted for control;

e. Any other relevant background information.

Advice Note: This condition will enable any sites of significance to be identified and for Te Arawa to provide feedback prior to the weed spray programme commencing. If no feedback is received from Te Arawa Lakes Trust, then it will be presumed there are no sites of significance are affected.

Aquatic Pest Coordination Group

20. The consent holder shall establish an independent ‘’Aquatic Pest Coordination Group” comprising one member from each of the following organisations:

• Bay of Plenty Regional Council;

• Lakes District Council;

• Te Arawa Lakes Trust;

• Eastern Region Fish & Game;

• Department of Conservation;

• Land Information New Zealand.

The purpose of this group is to:

a) Provide guidance on the annual spray programme referred to in condition 19; and

b) Ensure that there is ongoing communication and consultation on the aquatic weed control programme between the groups involved.

The group shall meet at least once annually.

Other proposed conditions

21. To minimise disturbance of nesting native birds during September and October the consent holder shall consult with the Department of Conservation on the annual spray programme to ensure sensitive sites are identified and avoided.

Review

22. Within the six-month period following each 5-year anniversary of the commencement of this resource consent the Bay of Plenty Regional Council may serve notice to the Consent Holder of a review of this consent under section 128 (1) of the Resource Management Act 1991, for the following purposes:

a. To review the effectiveness of the conditions of this resource consent in avoiding or mitigating any adverse effects on the environment from the exercise of this resource consent and if necessary to avoid, remedy or mitigate such effects by way of further or amended conditions; and/or

b. If necessary and appropriate, to require the holder of this resource consent to adopt the best practicable option to remove or reduce adverse effects on the surrounding and receiving environment; and/or

c. To review the adequacy of and the necessity for monitoring undertaken by the Consent Holder.

23. Whether or not a review has been undertaken pursuant to the above condition, hereof, within the six month period following the granting of new or replacement permissions or any change to conditions of existing permissions issued under Section 95A(1) of the Hazardous Substances and New Organisms Act, the Bay of Plenty Regional Council may serve notice on

the Consent Holder to undertake a review of this consent under section 128 (1) of the Resource Management Act 1991, for the purpose of assessing whether the conditions of this consent are as stringent or more stringent with the new or changed permissions where such requirements are necessary for the purpose of the Resource Management Act.